Category Archives: 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.

Valero admits plan for tar sands and Bakken crude

Repost from Digital Journal

Valero admits plans for East Bay refinery to burn tar sands oil

By Nathan Salant, March 27, 2014

VrefBenicia –  Valero Energy Corp. could use a new rail terminal it plans to build at its San Francisco Bay Area refinery to process highly flammable Bakken crude from Montana.

Valero Energy Corp. could use a new rail terminal it plans to build at its San Francisco Bay Area refinery to process highly flammable Bakken crude from Montana.

Valero conceded that possibility for the first time Monday at a community meeting called by the city-sponsored Valero Community Advisory Panel, according to San Francisco television station KPIX.

“If Bakken crude is one of the crudes that’s available by rail, it’s possible that it could make its way to our plant,” Valero spokesman Chris Howe told KPIX reporter Christin Ayers at Monday’s meeting.

Valero had previous said only that it wanted to begin bringing in crude oil by train to add to the resources available to its refinery in Benicia, Calif., on the shore of Suisun Bay.

Valero’s Don Couffle also told KPIX that the refinery also could choose to bring in oil derived from Canadian tar sands, similar to the fuel that leveled a major part of a Canadian coastal town last year, killing 47 people.

“Crude oil that’s derived from tar sands may be a candidate if it fits our profile,” Couffle said.

The refinery already brings in more than 100,000 barrels of crude daily by ship and pipeline.

Valero proposed the rail facility last year but the city, which must decide whether to allow it, required the company to prepare an extensive environmental impact report before it could be approved.

In theory, the project still could be derailed it the report uncovers unanticipated negative environmental consequences.

But Valero’s proposal has stirred up considerable outrage in the small, historic community, where project opponents have organized meetings of their own and threatened protests.

Nearly 200 residents jammed Monday night’s meeting at a union hall less than a half-mile from the refinery.

Several attendees spoke in favor of the rail project, which has been projected to add 20 permanent jobs to the refinery’s workforce and as many as 100 temporary jobs while the facilities are constructed.

Company officials presented the project to the audience and then answered questions from attendees.

Valero said shipments of up to 100 tanks cars filled with crude oil every day would not affect air quality, and that all safety standards would be met.

The additional oil by rail would not increase refinery production, the company said, because it would merely replace crude currently brought by ship.

“It would not increase crude delivery, just make it more flexible,” said John Hill, the refinery’s vice president and general manager.

But many local residents and newly formed community groups complain that the rail shipments added an extra layer of danger to the community.

Benicians for a Safe and Healthy Community said Canadian tar sands oil was more polluting than other crudes.

“They’re just pushing through the project,” said the group’s Jan Cox-Golovich, a community activist and former city councilwoman.

“Have some respect for the community,” she said.

The draft environmental impact report is expected to be released next month, after which Valero plans to host another public meeting, KPIX said.

Read more:  http://www.digitaljournal.com/news/environment/valero-admits-plans-for-east-bay-refinery-to-burn-tar-sands-oil/article/378559#ixzz2xHfNoysT

Berkeley City Council – No Crude By Rail – Sierra Club support

Repost from KPIX5 CBS San Francisco

Berkeley City Council Votes To Oppose Crude By Rail Plan

March 26, 2014 8:19 AM
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)

BERKELEY (CBS SF) — The Berkeley City Council voted unanimously Tuesday night to approve a resolution that opposes plans by Phillips 66 to transport crude oil through Berkeley and other East Bay cities to a new refinery rail spur in San Luis Obispo County.

City Councilwoman Linda Maio, who wrote the resolution along with City Councilman Darryl Moore, admitted in a letter to the community that railroads are exempt from local and state laws because they are interstate operators.

But Maio said, “That must not stop us from fiercely opposing their plans and demanding intervention.”

She said that among the actions that Berkeley can take are filing briefs in environmental impact lawsuits opposing Phillips’ plans, coordinating with other cities located along the planned transportation route, working with state legislators and lobbying California’s congresspersons and senators.

In a letter to other councilmembers, Maio and Moore said California refineries are in the process of securing permits to build rail terminals to import Canadian tar sands and Bakken crude oils from North and South Dakota.

Maio and Moore said under current plans, crude oil trains would enter Northern California via the Donner Pass and eventually travel along the San Francisco Bay through Martinez, Richmond, Berkeley, Emeryville and Oakland using Union Pacific tracks.

From Oakland, the trains would use the Coast Line via Hayward, Santa Clara, San Jose and Salinas and continue along the Pacific Coast to the Santa Maria facility in San Luis Obispo County, they said.

Maio and Moore said the Phillips 66 project would transport 2 million gallons per day of crude oil through the Bay Area and that “Roughly 80 tanker cars per day of crude oil assembled in a single train would pass through our cities.”

“A crude oil accident could occur anywhere along the transportation corridor including the densely-populated Bay Area,” they said.

The two councilmembers said transporting crude oil can be dangerous, citing an incident last July in the small Canadian town of Lac-Megantic, where 72 tanker cars loaded with 2 million gallons of crude oil derailed, dumping 1.5 million of crude oil.

The resulting fire and explosions burned down dozens of building, killed 47 people and caused more than $1 billion in damage, they said.

The Sierra Club’s San Francisco Bay chapter said in a statement today that it “strongly supports” the resolution by Maio and Moore.

Sierra Club staff attorney Devorah Ancel said, “The tar sands and Bakken crude are more carbon-intensive, more toxic, and more dangerous to transport than conventional crude oil.”

“Transport of tar sands and Bakken crude is growing at a ferocious pace – in 2013 alone more oil spilled from crude oil trains than has spilled from trains in the past four decades,” Ancel said.

She said, “These trains are not safe, they are not adequately regulated and they have no business traveling through Berkeley, the East Bay, or near any community or waterway that would be threatened by a catastrophic spill or explosion.”

Phillips 66 said in a statement that it “is committed to the safety of everyone who works in our facilities, lives in the communities where we operate or uses our products.”

“Preventing incidents and ensuring the safe and reliable transport of petroleum is our top priority while participating in the North American energy renaissance,” the statement read.

The company said it has “one of the most modern crude rail fleets in the industry, consisting of railcars that exceed current regulatory safety requirements and it began modernizing its crude fleet in 2012 “as a proactive precautionary measure to safely capture the opportunities of the rapidly changing energy landscape.”

Phillips said, “Our rail cars are inspected to ensure safe, compliant shipments, and we collect data to ensure compliance with the periodic maintenance plan for our rail car fleet” and its rail car program includes federally-mandated inspection, testing and repair of hazmat tank cars.”

The company said its Santa Maria facility is set up to process the heavier California-produced crude oil and the routes that train cars travel to reach the facility are selected by rail carriers.

East Bay Express: Richmond and Berkeley oppose oil by rail

Repost from East Bay Express

Richmond and Berkeley Oppose Fracked Oil and Tar Sands Rail Shipments

Jean Tepperman —  Wed, Mar 26, 2014

The city councils of both Berkeley and Richmond unanimously passed resolutions last night calling for tighter regulation of the shipping of crude oil by rail through the East Bay. The Berkeley resolution went further, committing Berkeley to oppose all shipment of crude oil by rail through the city until tighter regulations are in place.

Information has recently come to light about crude-by-rail activity in both cities. In September, with no public announcement, the Kinder Morgan rail yard in Richmond quietly switched from handling ethanol to crude oil. And a new proposal calls for shipping crude oil to the Phillips 66 refinery in Santa Maria on train tracks that run through the East Bay.

Fracked oil from Bakken shale is highly explosive.
USGS – Fracked oil from Bakken shale is highly explosive.

At the Richmond City Council meeting, oil-industry expert Antonia Juhasz presented evidence from both the BNSF railroad and Kinder Morgan websites showing that the crude oil coming into the Richmond rail yard is fracked from the Bakken shale fields in North Dakota. This Bakken crude has been responsible for several recent disastrous explosions when trains carrying it have derailed, with the worst accident in Lac Megantic, Quebec, where 47 people were killed and the downtown destroyed.

Juhasz added that there were more derailments and accidents involving crude by rail in 2013 than in the previous thirty years combined. More crude is being shipped by rail because of the huge increase in production of crude from North Dakota Bakken shale and Canadian tar sands, both far inland, and the need to get the fossil fuel to the coasts to refine and export.

Juhasz also reported that the National Transportation Safety Board (NTSB) has said that emergency response planning along the rail routes is “practically nonexistent” and that current regulations are “no longer sufficient” — and that it’s not safe to carry crude oil in the type of car currently being used. Because of all this, the NTSB has recommended that trains carrying crude oil be rerouted “away from populated and other sensitive areas.”

Several Richmond council members and community speakers expressed surprise that the switch to crude oil happened with no public notice. Andres Soto of Communities for a Better Environment said the “real culprit” was the staff of the Bay Area Air Quality Management District, which approved Kinder Morgan’s application to make this change without notifying the public or even the air district board members.

City councilmembers wrestled with the fact that the city has no jurisdiction over railroads — only the federal government can regulate them. But Juhasz and McLaughlin said a resolution by the city was important as part of a demand from many cities and organizations for more regulation of crude by rail.

The resolution called on federal legislators to move quickly to regulate the transportation of the new types of crude oil from Bakken shale and Canadian tar sands. Many speakers argued in favor of a moratorium on shipping crude by rail until adequate regulations were in place.

Meanwhile in Berkeley, another oil-industry expert, environmental engineer Phyllis Fox, described the plan to ship crude oil through the East Bay to Santa Maria — probably through Richmond, Berkeley, and Oakland — since these tracks are built to carry heavy trains. She projected a map showing that rail lines in California parallel rivers and go through the most populated areas, so accidents would be “disastrous.”

Information released about the plan doesn’t reveal the source of the crude oil, but Fox said the two main kinds of crude oil being shipped by rail are from Bakken shale — oil that is highly volatile and prone to explosion — and Canadian tar sands — very heavy oil that is especially toxic and difficult to clean up. “One catastrophic event,” Fox said, “could cause irreversible harm.”

Other sources have pointed out that the Phillips 66 refinery in San Luis Obispo County is geared to refining heavy crude oil, so it’s most likely that the crude headed to that plant would come from the Canadian tar sands.

Many speakers in the public comment period supported the resolution, including residents of Crockett/Rodeo and Martinez, who are waging similar battles in their communities. Speakers pointed out a wide range of problems with shipping crude by rail in addition to the immediate danger. In a pre-meeting rally in support of the resolution, Mayor Tom Bates said the issues “go beyond the danger to our community to our whole carbon future. If we don’t get off fossil fuel we’re all doomed.”

The resolution commits Berkeley to file comments opposing crude-by-rail projects in any draft permit-approval process, starting with the Santa Maria project; to file comments opposing new projects in the Phillips 66 refinery in Rodeo and the Valero refinery in Benicia; and to support the federal Department of Transportation in creating strict regulation of rail shipments of crude oil. In presenting the resolution, Maio also said Berkeley should form a coalition with other cities fighting crude-by-rail projects.