Category Archives: Union Pacific Railroad

BNSF Railway, California Regulation, Crude By Rail, Federal Regulation (U.S.), Union Pacific Railroad, Valero Benicia Refinery

Vallejo Times-Herald: Railroads sue California over oil train safety rules

Repost from The Vallejo Times-Herald

Railroads sue California over oil train safety rules

Union Pacific, BNSF Railway argue federal law pre-empts state regulations
By Tony Burchyns, October 9, 2014

California’s two major railroad companies filed a lawsuit this week to argue that the state lacks authority to impose its own safety requirements on federally regulated crude oil train traffic.

The lawsuit follows a new state law imposing regulations on the transportation of crude oil by rail in California. Union Pacific and BNSF Railway filed the case Tuesday in U.S. District Court in Sacramento to argue that federal law pre-empts California and other states from enforcing such regulatory regimes.

“The new state law requires railroads to take a broad range of steps to prevent and respond to oil spills, on top of their myriad federal obligations concerning precisely the same subject matter,” the railroads argue. “UP, BNSF and other members of (the American Association of Railroads) will be barred from operating within California unless a California regulator approves oil spill prevention and response plans that they will have to create, pursuant to a panoply of California-specific requirements.”

The railroads also will be required to obtain a “certificate of financial responsibility” from the state, indicating they are able to cover damages resulting from an oil spill. Failure to comply with the new state rules will expose railroad employees to jail time and fines, according to the lawsuit.

The California Office of Spill Prevention and Response, which was named as a defendant in the lawsuit, has declined to comment on the pending litigation.

The state law was passed in June following a sharp rise in crude-by-rail shipments in California from 2012 to 2013 and several high-profile oil train derailments in other states as well as Canada. In the Bay Area, crude-by-rail projects in Benicia, Richmond, Pittsburg, Martinez and Stockton have drawn local attention to the prospect of mile-long oil trains snaking through neighborhoods, mountain passes and sensitive habitats such as the Suisun Marsh.

Last week, California Attorney General Kamala Harris sent a letter to Benicia challenging plans to ship 70,000 barrels of crude daily by train to the city’s Valero refinery. Valero is seeking city approval to build a rail terminal to receive two 50-car oil trains daily from Roseville. The train shipments would originate in North Dakota or possibly Canada.

Harris, the state’s top law enforcement officer, criticized the city for underestimating the project’s safety and environmental risks. The letter was among hundreds received by the city in response to its initial environmental impact report. City officials say they are in the process of responding to all of the comments, and plan to do so before the project’s next, yet-to-be-scheduled public hearing is held.

County regulation, Crude By Rail, Derailment, Emergency Readiness & Response, Risk Assessment, Solano County CA, Union Pacific Railroad, Valero Benicia Refinery, Valero Crude By Rail

Solano County hosts community meeting on oil train safety issues [Mon. 9/29. 6pm, Fairfield]

Repost from The Vallejo Times-Herald
[Editor:  Regrettably, Solano County invited Valero Benicia Refinery and Union Pacific Railroad to make panel presentations at this “Community Conversation,” but did not invite Benicia’s officially recognized grassroots opposition organization,  Benicians For a Safe and Healthy Community (BSHC) to present.  Benicia is one of seven cities in Solano County.  Language used by the County in its original announcement of this “discussion” presumed an inevitable permitting of crude by rail in our area, even as permitting is being hotly debated here.  The updated announcement is clearer, but still used the verb will rather than would: “Proposals to process crude oil delivered by rail will change the mix of materials coming into and passing through Solano County.”  Under pressure to invite an environmentalist, the County invited oil and energy analyst, author, journalist and activist Antonia Juhasz to join the panel.  Juhasz has written three books: The Bush Agenda, The Tyranny of Oil, and Black Tide.  Oddly, the County’s recently updated publicity does not mention Juhasz.  BSHC and The Benicia Independent encourage everyone to attend.
…See also the news release on the Solano County website, and a similar article in The Benicia Herald and a better one in The Vacaville Reporter.  – RS]

Solano County to host community meeting on oil train safety issues

Times-Herald staff report, 09/26/2014 

FAIRFIELD >> Solano County will host a public meeting Monday to discuss risks posed by plans to increase oil train shipments through the region.

The meeting follows concerns raised by state, regional and local government officials about plans to ship two 50-car oil trains daily from Roseville to Benicia’s Valero refinery.

The information session will be from 6 to 8:30 p.m. in the Board of Supervisors Chambers at the County Administration Center, 675 Texas St. in Fairfield.

Last week, county officials sent a letter to Benicia asking for added measures to prevent train derailments in rural areas and protected wetlands. Also, state and Sacramento regional officials have called on the city to redo its safety analysis, saying the city has overlooked the risks of increased oil train traffic through other parts Northern California and beyond.

“The evening is about having a community conversation about our preparedness and the potential impacts from an incident along our railways,” Supervisor Linda Seifert said in a press release.

Seifert said the event format — a series of brief presentations and breakout groups — will be a facilitated discussion designed to raise awareness of the existing safety measures and identify potential gaps.

Invited speakers include representatives from the Solano County Office of Emergency Services, the Solano County Fire Chiefs Association, the Valero Benicia refinery, Union Pacific Railroad, local air quality management districts and the offices of U.S. Rep. John Garamendi and state Sen. Lois Wolk. A community perspective also will be incorporated into the lineup of speakers, county officials said.

Benicia CA, Derailment, Rail accidents, Rail Safety, Union Pacific Railroad

Union Pacific investigates Benicia derailment

Repost from The Vallejo Times-Herald
[Editor: Here’s the story on the derailed train engines last Sunday.  Thanks to Jim Kirchhoffer for spotting it and bringing it to our attention.  Tony Burchyns of the Vallejo Times-Herald did an excellent job of investigative reporting (see below).  Tony’s article set the accident in context, providing background on the two other recent Benicia derailments, one on 5/17/14 and another on 11/4/13.  Do the math: that’s 3 derailments in 10 months!  …The story was also covered in the Benicia Herald.  – RS]

Union Pacific investigates Benicia derailment

Two locomotives came off the tracks Sunday near port
By Tony Burchyns, 09/09/2014
Union Pacific Railroad is investigating what caused two of its locomotives to come off the tracks in Benicia on Sunday, a spokesperson for the rail
Union Pacific Railroad is investigating what caused two of its locomotives to come off the tracks in Benicia on Sunday, a spokesperson for the rail operator said Tuesday. (Tony Burchyns-Vallejo-Times-Herald)

BENICIA >> Union Pacific Railroad is investigating what caused two of its locomotives to come off the tracks in Benicia on Sunday, a spokesperson for the rail operator said Tuesday.

The locomotives were being used for switching operations and were moving rail cars near the Benicia port when each had one wheel set come off the tracks at about 2:30 a.m., Union Pacific spokesman Aaron Hunt said. The engines were attached to each other when the derailment occurred, he said.

Both were re-railed several hours later and moved to Union Pacific’s maintenance yard in Roseville, where an internal investigation was launched to determine what caused the derailment, Hunt said. He added the findings would be reported to the Federal Railroad Administration.

“Fortunately there were no injuries and there was no damage to our track infrastructure,” said Hunt, adding he did not know how fast the locomotives were traveling.

Benicia police got a call from Union Pacific at 2:38 a.m. Sunday reporting the incident, but there was no request for assistance and no emergency response by the city, Lt. Scott Przekurat said.

Hunt said that because the derailment happened in the railroad’s automotive yard along Bayshore Road — where finished automobiles that arrive by boat are transported by rail to other places — there was no impact to motorists or other people in the area.

On May 17, two rail cars carrying petroleum coke derailed near the Valero refinery. Prior to that, three rail cars carrying petroleum coke came off the tracks on Nov. 4, 2013.

No hazardous materials were spilled in those incidents, but the derailments have raised eyebrows in light of the Valero refinery’s plan to bring in up to 70,000 barrels of crude oil daily on Union Pacific tracks.

Asked whether the locomotives involved in Sunday’s incident could be used to move tanker cars, Hunt said they were “switching locomotives” and are not the same as those used to move trains from city to city.

“Safety is our primary focus at Union Pacific,” Hunt said. “We invest time, human power and substantial capital to minimize derailments across our 32,000-mile network.”

County regulation, Crude By Rail, Emergency Readiness & Response, Rail Safety, Regional regulation, Union Pacific Railroad, Valero Benicia Refinery

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

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

Rail safety discussion planned for Sept. 29

September 8, 2014

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

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

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

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

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

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

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

For safe and healthy communities…