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Dairyland to Petrostate: Wisconsin Oil-By-Rail Routes Published for First Time

1:51 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog 

A BNSF train engine heading north

BNSF and other rail companies are carrying dangerous oil tankers through Wisconsin.

DeSmogBlog is publishing the first documents ever obtained from the Wisconsin government revealing routes for oil-by-rail trains in the state carrying oil obtained via hydraulic fracturing (“fracking”) in the Bakken Shale basin.

The information was initially submitted to the U.S. Department of Transportation (DOT) under the auspices of a May 7 Emergency Order, which both the federal government and the rail industry initially argued should only be released to those with a “need to know” and not the public at-large.

The Wisconsin documents show the three companies that send Bakken crude trains through the state — Burlington Northern Santa Fe (BNSF), Union Pacific and Canadian Pacific — all initially argued routes are “sensitive security information” only to be seen by those with a “need to know.”

As covered in a previous DeSmogBlog article revealing the routes of oil trains traveling through North Dakota for the first time, the rail industry used this same line of legal argument there and beyond.

Wisconsin Emergency Management did not buy the argument, though, and released the documents to DeSmogBlog through the state’s Public Records Act.

BNSF Hugs the Mississippi

As with North Dakota, BNSF is the chief mover of oil-by-rail in Wisconsin.

BNSF is owned by Warren Buffett, one of the richest men on the planet and a major campaign contributor to President Barack Obama and expected major donor for Hillary Clinton’s 2016 presidential bid.

According to the records it submitted to Wisconsin Emergency Management, BNSF moves the majority of its crude-by-rail trains along the state’s western corridor, which hugs the Mississippi River.

For the week of June 5 through June 11, records show BNSF sent 39 oil-by-rail trains through Buffalo County, La Crosse County, Pepin County, Pierce County and Trempealeau County. All of these counties border the Mississippi.

As covered here on DeSmogBlog in January, the BNSF-owned Bakken oil train that exploded in Casselton, North Dakota on December 30, 2013 was headed to a Mississippi River terminal in Missouri owned by Marquis Energy.

Canadian Pacific Hugs Lake Michigan

While BNSF dominates Wisconsin’s Mississippi River corridor, Canadian Pacific does the same — albeit to a much lesser extent — along another major body of water: Lake Michigan.

According to the data submitted by the company, Canadian Pacific ships three to five train-loads of Bakken oil per week through Milwaukee County, Racine County and Kenosha County. Canadian Pacific slices through the heart of the state in a west-to-east transit route to reach Milwaukee County.

Milwaukee, Racine and Kenosha all border Lake Michigan. And once it crosses into northeastern Illinois, the rail line sits in close proximity to Lake Michgan, particularly in Waukegan (a train line traversed many times by this writer, a Kenosha native).

Canadian Pacific owns a major rail transload facility — Great Lakes Reloading — located on the southeast side of Chicago. It sits close to both Lake Michigan and the Calumet River.

Great Lakes Reloading serves as a key thoroughfare for many of the company’s freight rail transportation routes, including for crude-by-rail.

Union Pacific: Didn’t Meet Threshold

Industry giant Union Pacific did not meet the oil-by-rail carriage threshold that requires companies to submit routes to State Emergency Response Commissions (SERCs), one of which is Wisconsin Emergency Management.

That threshold, as explained by Union Pacific in its letter to Wisconsin Emergency Management, is one million gallons of Bakken crude per week.

Union Pacific is perhaps best known to many in southeast Wisconsin and northeast Illinois for its Metra public transit line running from Kenosha to Chicago (and vice versa) and from Chicago to many Chicago-area suburbs (and vice versa).

From America’s Dairyland to Petrostate?

Read the rest of this entry →

Oil-By-Rail: A Battle Between “Right to Know” & “Need to Know”

11:35 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog 

BNSF Oil Train preparing to head north.

BNSF claims their oil train routes are secrets protected by law.

Since the first major oil-by-rail explosion occurred on July 6, 2013, in Lac-Mégantic, Quebec, citizens in communities across the U.S. have risen up when they’ve learned their communities are destinations for volatile oil obtained from hydraulic fracturing (“fracking”) in North Dakota’s Bakken Shale basin.

As the old adage goes, ignorance is bliss. It’s also one of the keys to how massive oil-by-rail infrastructure was built in just a few short years — the public simply didn’t know about it.

Often, oil companies are only required to get state-level air quality permits to open a new oil-by-rail facility.

Terry Wechsler, an environmental attorney in Washington, recently explained to Reuters why there was no opposition to the first three oil-by-rail facilities in the area.

“There was no opposition to the other three proposals only because we weren’t aware they were in formal permitting,” he said

The same thing unfolded in Albany, N.Y., where there is an ongoing battle over expansion of the major oil-by-rail facility set to process tar sands crude sent by rail from Alberta. The initial permits for the oil rail transfer facility, which would allow two companies to bring in billions of gallons of oil a year, were approved with no public comment.

Oil and rail companies know well that they can proceed with their planned expansions more easily if communities remain unaware of their plans.

And now that some states — including North Dakota — have defied their efforts to keep the public in the dark about the crude-carrying trains, the public will have a much clearer idea of what’s going on.

A case in point, DeSmogBlog recently revealed crude-by-rail giant Burlington Northern Santa Fe (BNSF) moves up to 45 trains a week in some North Dakota counties and up to three dozen in others.

Big Rail’s Big Bluff

The rail industry has enjoyed a long history of legal protections, allowing it to operate in secrecy with regards to carrying hazardous materials. Indeed, Big Rail pushed hard to fight the release of information to the public on the transportation of Bakken crude oil.

This time around, the rail industry said that information it was compelled to give the federal government on its Bakken oil shipments under the U.S. Department of Transportation’s (DOT) May 7 Emergency Order could not be released to the public under state-level open records laws.

Why? Because it fell under the category of “sensitive security information.”

In boilerplate letters and contract proposals sent to heads of State Emergency Response Commissions — one of which was obtained via Idaho’s Public Records Act by DeSmogBlog — BNSF deployed this argument.

This legal designation means BNSF and other companies could withhold information regarding the movements of Bakken crude from the public — by exempting it from state-level open records laws — and would only have to release it to the emergency response commissions.

“It is important to note that this information is subject to several restrictions on its release and exemptions from both state and federal applicable Freedom of Information laws and should only be provided to persons meeting with the appropriate need-to-knows discussed below,” BNSF wrote in its boilerplate letter.

BNSF considers this information commercial confidential and business confidential information and Security Sensitive Information pursuant to Federal law, and the documents have been marked accordingly.

But despite BNSF’s legal claims, some states have released this information in response to open records requests. And the federal government has also leaned toward advocating for greater transparency.

The U.S. Transportation Security Administration (TSA) confirmed by e-mail to the Sacramento Bee that the administration did not consider this information “security sensitive,” stating, “TSA has not made a finding as to whether or not information concerning the volume of crude oil train traffic or the routes used by these trains is considered security-sensitive information.

The Federal Railroad Administration also concluded information about Bakken crude was not considered sensitive security information.

Community’s Right to Know

The U.S. Environmental Protection Agency’s website contains a section on right to know laws. That section opens by stating, “Every American has the right to know the chemicals to which they may be exposed in their daily living.”

Read the rest of this entry →

DeSmogBlog First to Publish North Dakota Oil-By-Rail Routes

9:40 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog 

A BNSF train engine heading north

Warren Buffett’s BNSF is a leader in moving fracked oil from North Dakota’s Bakken fields.

For the first time, DeSmogBlog has published dozens of documents obtained from the North Dakota government revealing routes and chemical composition data for oil-by-rail trains in the state carrying oil obtained via hydraulic fracturing (“fracking”) in the Bakken Shale.

The information was initially submitted to the U.S. Department of Transportation (DOT) under the legal dictates of a May 7 Emergency Order, which both the federal government and the rail industry initially argued should only be released to those with a “need-to-know” and not the public at-large.

North Dakota’s Department of Emergency Services, working in consultation with the North Dakota Office of the Attorney General, made the documents public a couple weeks after DeSmogBlog filed a June 13 North Dakota Public Records Statute request.

“There is no legal basis to protect what they have provided us at this point,” North Dakota assistant attorney general Mary Kae Kelsch said during the June 25 Department of Emergency Service’s quarterly meeting, which DeSmogBlog attended via phone. “It doesn’t meet any criteria for our state law to protect this.”

Initially, oil-by-rail giant Burlington Northern Santa Fe (BNSF) and other rail companies sent boilerplate letters — one copy of which has been obtained by DeSmogBlog from the Idaho Bureau of Homeland Security through the state’s Public Records Act — to several State Emergency Response Commissions (SERCs), arguing train routes should be kept confidential.

BNSF also sent several SERCs a boilerplate contract proposal, requesting that they exempt the information rail companies were compelled to submit to the SERCs under the DOT Emergency Order from release under Freedom of Information Act. A snippet of the proposed contract can be seen below:

Dan Wilz, homeland security division director and state security advisor of the Department of Emergency Services, said the claims did not hold legal water.

“Joe can stand on a street corner and figure that out within a week’s period,” Wilz said at the quarterly meeting. “They watch the trains go through their community each and every day.”

BNSF, Canadian Pacific Railway (CP Rail) and Northern Plains Railroad all submitted information to the Department of Emergency Services.

CP Rail: 7 Trains/Week, “Highly Flammable”

In its submission to the North Dakota Department of Emergency Services, CP Rail revealed it sent seven oil-by-rail trains through 13 counties in North Dakota the week of June 9-15. CP Rail also estimated it generally sends 2-5 trains through those same counties during an average week.

Some oil-by-rail trains, dubbed “bomb trains” by some due to their propensity to explode, carry over 2,677,500 gallons of fracked oil. The trains are often over a mile in length and contain over 100 cars.

The company also released information on the chemical composition of the Bakken oil it sends on its rail cars, conceding that Bakken oil is “highly flammable” and “easily ignited by heat, sparks or flames.”

Further, CP Rail admitted that Bakken oil has “a very low flash point” and that “water spray when fighting [its] fire may be inefficient.”

BNSF: Bakken Oil-By-Rail King

BNSF, owned by Warren Buffett — a major campaign contributor to President Barack Obama both in 2008 and 2012 and one of the richest men on the planet — is widely considered the king of oil-by-rail in the U.S. The documents BNSF released to the Department of Emergency Services back up the notion.

One document shows BNSF sent 31 oil-by-rail trains through Cass County, North Dakota during the week of May 29 – June 4, also saying it sends between 30-45 trains per week on average through the County. That same week, 30 BNSF trains zoomed through Barnes County, North Dakota.

A document filed the next week, covering June 5 – June 11, shows 45 trains passed through Cass County that week. Another 37 passed through Ward County, North Dakota and another 33 through McHenryPierce and Mountrail counties.

Northern Plains: Chemical Composition Revealed

In its DOT submission, Northern Plains included an expansive Bakken crude oil sample chemical composition test submitted by Musket Corporation, which has a terminal and transload site in North Dakota.

Read the rest of this entry →

Revealed: Emails Show ND Ethics Law Potentially Broken on Petraeus Fracking Trip

9:18 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog 

A digital envelope

Emails obtained through a standard Open Records Statute request in North Dakota show Petraeus’ fracking field trip’s ethical & legal issues.

DeSmogBlog has obtained emails via North Dakota’s Open Records Statute revealing facts that could be interpreted as indicating that North Dakota Treasurer Kelly Schmidt broke State Investment Board ethics laws.

The potential legal breach occurred during a late-April fracking field trip made to the state by former CIA Director Gen. David Petraeus.

In a radio interview responding to DeSmogBlog’s original investigation about the trip, Schmidt said rolling out the red carpet for Petraeus — who now works at Manhattan-based private equity giant Kohlberg Kravis Roberts (KKR), which holds over $1 billion in oil and gas industry assets and calls itself a “mini oil and gas company“ — was “not unusual.”

KKR initially told DeSmogBlog it followed all state and federal laws during the Petraeus visit.

But new emails obtained by DeSmogBlog from both the North Dakota State Investment Board and the Office of the North Dakota State Treasurer call that and much more into question.

Rewinding back to where it all began, for the final stops of the two-day Petraeus visit to North Dakota, he and his KKR colleagues Ari Barkan and Vance Serchuk met with representatives from the North State Investment Board and the North Dakota Department of Land Trusts.

Banal convenings at face-value, what preceded and followed the meetings tells a bigger story: first a crucial plane flight and then a follow-up invitation to come to New York City to talk business.

Looked at on the whole, the plane flight and what came after it raises fundamental legal and ethical questions about the burgeoning — and much-touted in some circles — North Dakota oil and gas Legacy Fund.

Fly Like an Eagle

On day one of the Petraeus visit, Schmidt flew on a private plane chartered byKKR from the Bakken Shale oil fracking fields in Watford, North Dakota out to Bismarck, North Dakota.

In introducing Petraeus in Bismarck for a speaking engagement with the North Dakota National Guard, Schmidt thanked the troops for fighting in oil wars, as seen in a video obtained by DeSmogBlog from a Freedom of Information Act request. It was skewered in a recent episode of comedian Lee Camp‘s show, “Redacted Tonight.”

“David and I have been out in the western portion of North Dakota where we have shared with him the challenges we’ve been facing to help make our nation and our world an energy independent country so that you and your fellow officers and enlisted folks never have to go over there again in order to fight for the oil we all need,” said Schmidt.

KKR — as we discovered in an earlier Open Records Statute request — required Schmidt to get legal clearance to fly on the private plane. Schmidt got the clearance within a couple of hours from Assistant Attorney General Janilyn Murtha.

Murtha gave Schmidt the legal clearance because — although Schmidt sits on the Board of the State Investment Board by legal mandate — “KKR does not have any current or pending business relationship with the [State Investment Board],”Murtha wrote.

Therefore, Murtha continued, “the conflict of interest provisions of the aforementioned code of conduct and associated fiduciary responsibilities are not implicated by the benefit described herein.”

Most important is what Murtha wrote next.

“If in the future the [State Investment Board] considers entering into a business relationship with KKR, and Treasurer Schmidt is then an acting board member, she may bring the prior contact with KKR to the attention of both the board and legal counsel and determine at that time if a conflict exists.”

New emails obtained by DeSmogBlog demonstrate Schmidt knew KKR had an April 30 breakfast with the State Investment Board to talk business. In fact, the new emails reveal Schmidt helped set the meeting up.

Further, other emails show Murtha forwarded the legal clearance she wrote for Schmidt off to David Hunter and Darren Schulz, Chief Investment Officer (CIO) and Deputy CIO for the State Investment Board, respectively.

In other words, all parties involved were “in the know.”

The new documents also portray that, in the trip’s aftermath, KKR and the State Investment Board have kept in touch and scheduled a mid-July meeting to discuss ”entering into a business relationship” with one another.

New York, New York

A few days after the April 30 breakfast meeting held between the KKR team and both Hunter and Schulz, Hunter sent a thank you email to KKR’s Ari Barkan. Barkan serves as Director for KKR’s Client and Partner Group.

“I just wanted to drop you a note to let you know I truly enjoyed our meeting last week and found our conversation with David, Vance, Darren and yourself to be truly compelling,” Hunter wrote to Barkan. “As your schedule permits over the next few weeks, let’s attempt to set up a meeting in New York during the first two weeks of July or August.”

After kicking back-and-forth a few emails, Barkan told Hunter a mid-July business meeting date would work best for a meeting at KKR’s New York City office.

“Please also keep in mind that, at the moment, I am envisioning two separate topics of discussions – one connected to private markets and one to credit – so really we are talking about 1.5 hours for each one,” Barkan wrote in an email.

Emails show Hunter invited Schmidt to the mid-July gathering, though she had to decline the invitation due to other commitments.

Breaking the Law?

So, did Schmidt engage in breaking the law?

Read the rest of this entry →

Lee Camp Features Gen. Petraeus Oil Wars Video on “Redacted Tonight”

5:20 pm in Uncategorized by Steve Horn

Comedian Lee Camp premiered a never-before-televised video of former CIA Director General David Petraeus  — who now serves as Chairman of the Kohlberg Kravis Roberts (KKR)’s Global Institute  —  introduced in front of the North Dakota National Guard by Treasurer Kelly Schmidt at an April 29 event in Bismarck, North Dakota.

In the original video I initially obtained via Freedom of Information Act and published on YouTube, Schmidt thanked the troops at the National Guard event for fighting wars for oil “over there” so that we can all have a dependent flow of oil over here. The back-drop of Petraeus being in town was a field trip to the Bakken Shale oil fracking fields, which according to Schmidt’s short introduction, has helped make oil wars less necessary.

Televised on the second episode of his new show, “ Redacted Tonight,” Camp introduced the video, showed a small portion of it (the whole thing is close to an hour and 14 minutes) and produced a four and a half minute segment, which packs a punch, provides some good laughs and covers a lot of ground.

The oil wars video was obtained and published in part two of an ongoing investigative series published on DeSmogBlog.com about the Petraeus fracking field trip. Part three is currently being worked on and will be published soon.

For now, sit back, watch the video and stay tuned for part three of the series on DeSmogBlog.com. And if you like the video or any of the articles, please share them with your friends, family and colleagues!

ND Treasurer: Red Carpet Rollout for Gen. Petraeus Fracking Field Trip “Not Unusual”

3:19 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Petreaus drinking coffee

Petraeus’ pro-fracking mission received a hero’s welcome in North Dakota.

North Dakota Treasurer Kelly Schmidt has responded to DeSmogBlog’s investigation of the Bakken Shale basin fracking field trip her office facilitated for former CIA Director Gen. David Petraeus, who now works at the Manhattan-based private equity firm Kohlberg Kravis Roberts (KKR).

Schmidt expanded on the initial comments she provided to DeSmogBlog in response to our findings obtained via North Dakota Open Records Statute. Among other things, she described the blurred lines existing between the North Dakota government, the oil industry and private equity firms like KKR as “not unusual.”

Schmidt’s comments came on May 23 on WDAY’s Jay Thomas Show, guest hosted that day by Rob Port, just over three weeks after her office hosted Petraeus.

DeSmogBlog’s May 22 investigative piece revealed that KKR — which has ties to North Dakota’s hydraulic fracturing (“fracking”) boom via Samson Resources and The Ridge housing complex and considers itself a “mini oil and gas company” — wrote the press release for the Office of North Dakota State Treasurer announcing Petraeus’ visit, closely counseled Schmidt’s office on media strategy and hosted Schmidt on a company chartered private jet. 

Radio host Port was the “winner of the Americans For Prosperity Award for Online Excellence” according to his biography on his Say Anything blog, and is also a policy fellow for the North Dakota Policy Council, a wing of the State Policy Network “stink tanks.”

Prior to interviewing Schmidt, Port had previously written an article on the same day the DeSmogBlog piece was published in response to it, exonerating Schmidt for what unfolded during the trip. His interview with Schmidt on the Jay Thomas Show did much the same.

KKR Press Release Writing “Not Unusual”

After explaining how she initially met Petraeus — who on top of his role at the KKR Global Institute, also works as an adjunct professor teaching KKR’s curriculum at CUNY Honors College, USC and Harvard University — Schmidt responded to a question by Port, saying it was “not something unusual” for KKRto draft the press release now published on the treasurer’s office website.

“We worked collaboratively with KKR to set things up. When you’re working with someone who has the caliber and in some cases security issues that I may not be aware of nor my staff, we always work together with staff of someone who’s coming to visit or someone of his caliber,” she said. “So to have them create a press release was not something unusual.”

Schmidt also cited another tie Petraeus has to North Dakota, which served as a major impetus for KKR and the treasurer’s office to co-manage the media scrupulously: Paula Broadwell.

Schmidt Thanks ND National Guard for Oil War

Petraeus resigned from the CIA in November 2012 after it got out that he had an extramarital affair with his biographer, Paula Broadwell.

Broadwell — author of the book, All In: The Education of General David Petraeus — is a native of Bismarck, ND, the final destination of Petraeus’ late-April trip to the state.

Bismarck, in turn, was a key part of the trip. While there, Petraeus gave a lecture on leadership to the North Dakota National Guard.

In introducing Petraeus at the National Guard event, Schmidt thanked the troops in attendance for fighting in a war “over there for the oil we all need.”

“David and I have been out in the western portion of North Dakota where we have shared with him the challenges we’ve been facing to help make our nation and our world an energy independent country so that you and your fellow officers and enlisted folks never have to go over there again in order to fight for the oil we all need,” said Schmidt in a video obtained via Freedom of Information request by DeSmogBlog from the North Dakota National Guard.

Schmidt also told Port the North Dakota treasurer’s office was happy to do the media bidding of both Petraeus and KKR to ensure the National Guard speaking event went smoothly.

“Most people are familiar with the indiscretion that [Petraeus] had and its relationship to North Dakota,” she told Port. “And I was concerned this would take on legs and have a life of its own and that was something none of us wanted to see happen…I did not want this to become something it was never intended to be.”

“Smell Test”

Port also said on the show that DeSmogBlog’s alleged claim that “[Petraeus] was kept from the media doesn’t pass the smell test.”

Read the rest of this entry →

Documents: Petraeus Fracking Field Trip Reveals ND Government, Oil, Private Equity Nexus

3:22 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

A large part of Petraeus’ visit centered around a tour of the state’s Bakken Shale basin.

DeSmogBlog has obtained hundreds of documents portraying the blurred lines between North Dakota’s government, the oil and gas industry and the private equity world. They also offer one of the first looks inside the professional life of former CIA Director Gen. David Petraeus after he resigned from the agency in 2012.

The documents reveal Kohlberg Kravis Roberts (KKR) — a private equity firm where Petraeus now works at the KKR Global Institute — wrote a press release for North Dakota’s State Treasurer announcing the Petraeus visit, meticulously counseled the state treasurer’s office on media strategy and hosted the state treasurer on its company plane.

A large part of Petraeus’ visit centered around a tour of the state’s Bakken Shale basin, where upwards of 1 million barrels of oil are extracted each day via hydraulic fracturing (“fracking”). The Bakken pumped out its billionth barrel of oil during his stay.

KKR, with $87 billion in assets, owns two major Bakken entities: The Ridge in Williston, ND, and Samson Resources.

The Ridge is a KKR-owned housing complex for Bakken oil and gas workers, while Samson Resources is a major company fracking for oil and gas throughout theU.S., including in the Bakken.

With over $4 billion sitting in an energy investment fund as of June 2012, KKR also owns over $950 million in oil and gas industry assets. Marc Lipschultz, head of energy and infrastructure for KKR, called the firm a “mini oil and gas company“ in an April 2013 interview with Privcap.

“We have our own technical abilities attached to the firm we have our own back office [and] we can manage the daily flows of oil and gas in drilling wells and managing our own hedges,” said Lipschultz. 

KKR’s Stage-Managing

At face value, the Petraeus visit seemed rather banal, garnering no national press attention and little local media coverage.

Amy Dalrymple, a reporter for the Oil Patch Dispatch, was the only one to cover it. Her short piece devoted but a single paragraph to Petraeus’ KKR connection.

“Petraeus has a tie to the Bakken through private equity firm Kohlberg Kravis Roberts…which is partnering with other investors on a 164-acre housing development in Williston,” Dalrymple wrote. “Petraeus works for KKR as chairman of the KKR Global Institute.”

But e-mails reveal KKR stage-managed the entire event from start to finish, doing so quietly and behind the scenes.

According to the emails, planning began on March 18, when Ari Barkan, director of KKR’s client and partner group, reached out to treasurer Kelly Schmidt to share a draft agenda for the forthcoming Petraeus visit. In a March 24 email, Barkan explained to Schmidt the rationale behind Petraeus’ visit.

“Gen. Petraeus would ideally like to learn as much as possible about realities on the ground connected with development of our shale gas/oil resources, including a sense of the challenges that operators, local/state governments, business leaders, and other community leaders are experiencing,” Barkan wrote.

“The development of these resources is one of the key underpinning (sic) of the nation’s renaissance, in his view, and he would be delighted to gain additional insights into what the benefits (sic) as well as the issues people are faced with.”

The draft and final agenda included a tour of a Bakken Shale oil field and a meeting with North Dakota community leaders at KKR’s The Ridge, as well as aPetraeus speaking event hosted by the North Dakota National Guard and other meetings.

KKR facilitated how these events would unfold, breaking down the Petraeus visit minute-by-minute. And North Dakota’s government was pleased to facilitate KKR’s plans. Read the rest of this entry →

Explosive Virginia Train Carried Fracked Bakken Oil, Headed to Potential Export Facility

10:34 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Platts confirmed CSX Corporation’s train that exploded in Lynchburg, Virginia was carrying sweet crude obtained via hydraulic fracturing (“fracking”) in North Dakota’s Bakken Shale basin. CSXCEO Michael Ward has also confirmed this to Bloomberg.

“Trade sources said the train was carrying Bakken crude from North Dakota and was headed to Plains All American’s terminal in Yorktown,”Platts explained. “The Yorktown facility can unload 130,000 b/d of crude and is located on the site of Plains oil product terminal.”

In January, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued a Safety Alert concluding Bakken crude is more flammable than heavier oils. Hence the term “bomb trains.”

At least 50,000 gallons of the oil headed to Yorktown is now missing, according to ABC 13 in Lynchburg. Some of it has spilled into the James River, as previously reported on DeSmogBlog.

map available on CSX’s website displaying the routes for its crude-by-rail trains offers a clear indication of where the train was headed.

Formerly a refinery owned by Standard Oil and then BP/Amoco, Plains All American has turned the Yorktown refinery into a mega holding facility.

Yorktown may become a key future site for crude oil exports if the ban on exports of oil produced domestically in the U.S. is lifted.

Yorktown: Future Oil Export Mecca?

In February, Plains CEO Greg Armstrong said on the company’s quarter four earnings call that Yorktown is ideally situated geographically to become an oil export mecca if the ban is lifted.

When asked by an analyst from Bank of America about the ongoing debate over lifting the crude oil export ban, Armstrong discussed how Plains could stand to profit from exports.

“Ultimately we’re positioned, we think well for either answer if they allow blanket exports we have assets in the right places that can help build that market niche,” said Anderson.

Harry Pefanis, President and COO for Plains, sang a similar tune to Anderson.

“I guess if I also just add to that if there was export…we’ve got couple of locations that we could load ocean-going vessels. Yorktown is a location where we can rail-in and load out an ocean-going vessel,” Pefanis explained.

The industry lobbying effort to lift the U.S.-produced oil export ban has picked up major steam in 2014, with the geopolitical crisis in Ukraine and Russia serving as the hook.

Keystone XL Connection

It’s only a matter of time until the familiar oil industry overture begins. That is, pointing to the Lynchburg disaster as the reason why the northern leg of TransCanada’s Keystone XL tar sands pipeline must be built.

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Testimony: Record 36% of North Dakota Fracked Gas Was Flared in December

10:29 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Fracking Rig

Why do fracking sites continue to flare gas?

The recent March 6 House Energy & Commerce Subcommittee on Energy and Power hearing titled “Benefits of and Challenges to Energy Access in the 21st Century: Fuel Supply and Infrastructure” never had over 100 online viewers watching the livestream at any point in time. And it unfolded in an essentially empty room.

But the poor attendance record had no relation to the gravity of the facts presented by testifiers. Among other things, one presenter revealed 36 percent of the gas by-product from oil obtained via hydraulic fracturing (“fracking”) in North Dakota’s Bakken Shale basin was flared off as waste during a brutally cold midwest winter with no end in sight.

These damning facts were brought forward by Coalition for Environmentally Responsible Economies (Ceres) Oil & Gas and Insurance Programs Director Andrew Logan, one of eight people called to testify around topics ranging from domestic propane markets to fossil fuels-by-rail markets, to pipeline markets and flaring.

A topic covered previously by DeSmogBlog, Logan submitted to the Subcommittee that flaring “is getting worse, not better.”

“Flaring in North Dakota hit 36% in December, a new record,” Logan told the subcommittee. ”This means that more than 1/3 of all natural gas produced in the state is going up in smoke, at the same time as consumers around the country are seeing price spikes from natural gas in this cold winter, along with actual shortages of propane in many places.”

Logan also said that wasteful flaring is also a growing quagmire in Texas, which has seen a 10-fold increase in flaring permits since 2010.

At least one influential Subcommittee member has taken notice.

U.S. Rep. Waxman: Flaring “Wasteful and Unnecessary”

During the question-and-answer portion of the hearing, U.S. Rep. Henry Waxman(D-CA) chimed in with his thoughts on flaring, calling for a follow-up hearing to focus exclusively on this issue.

“The wasteful and unnecessary flaring of natural gas is a serious problem and has no place in a modern energy infrastructure. I believe the Subcommittee should a hearing to get the facts regarding flaring and to develop real solutions to the problem,” said Waxman.

In an interview with DeSmogBlog, Logan said he believed that a hearing on this issue would go a long way toward tackling the flaring problem.

“Flaring, at least at the level we are currently seeing in the Bakken, is so obviously indefensible that simply shining a light on the problem should get us well on the way to a solution,” said Logan. “That being said, the Republicans obviously control the House — and therefore the subject of hearings at present — and so I don’t know how likely it is that we will see hearings anytime soon.”

“Wasteful” is an understatement given how much gas is flared off in the Bakken Shale. The amount flared off could heat over half a million homes per day, according to a New York Times investigation.

“In 2012 alone, flaring resulted in the loss of approximately $1 billion in fuel and the GHG emissions equivalent of adding one million cars to the road,” explained Ceres’ July 2013 report titled, “Flaring up: North Dakota Natural Gas Flaring More Than Doubles in Two Years.”

According to World Bank data, the U.S. is now one of the top five flarers in the world.

So, what’s being wasted? Not just methane gas, but also “rich [and] valuable natural gas liquids like propane and butane [which are] about the last gas you would want to flare,” according to Logan’s testimony.

The propane is being flared at the same time North and South Dakota face a propane crisis and accompanying price spike.

“In North and South Dakota, the shortage has become so acute that the Standing Rock Sioux Tribe has opened shelters to serve its population, most of whom rely on propane,” explained The New York Times.

Logan says the situation in the Dakotas epitomizes why strong federal regulations are needed.

“It’s outrageous that propane is being flared off as a waste product when Dakotans are shivering in the cold due to artificial propane shortages,” he said. “The only real solution is regulation that forces the industry to curtail flaring once and for all.”

“Flaring in North Dakota will only be solved when the regulatory structure changes so that flaring is no longer the easiest option. For that to change, the incentive structure needs to change.”

Why Flare? Profits

At the hearing, Waxman asked Logan why he thinks companies choose to flare at all.

“Well, it’s really all about the relative economics and also the state of regulation in places like North Dakota. So while it’s profitable to capture the gas, it’s more profitable to drill the next oil well,” Logan testified. “So if you’re an oil company with a limited amount of money to spend — as they all are — it’s a somewhat rational short-term choice to say, ‘Well look, if I don’t have to capture that gas, I’d rather spend that money to drill another well.’”

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Keystone XL’s Northern Leg: A Fracked Oil Pipeline Along With Tar Sands

3:45 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Bakken Flaring Gas at Night

On January 31, President Barack Obama’s U.S. State Department released its Final Environmental Impact Statement (FEIS) for the northern leg of TransCanada‘s proposed Keystone XL tar sands pipeline.

The State Department’s FEIS argues that the northern half of Keystone XL, if built, “remains unlikely to significantly impact the rate of extraction in the oil sands, or the continued demand for heavy crude oil at refineries in the United States.”

But flying under the media’s radar so far, the State Department review also highlights the prospect that Keystone XL will not only carry tar sands, but also be tapped to carry up to 100,000 barrels per day of oil extracted via hydraulic fracturing (“fracking”) from North Dakota’s Bakken Shale basin.

“[Keystone XL] would have the capacity to deliver up to 830,000 bpd, of which 730,000 bpd of capacity has been set aside for [tar sands] and the remaining 100,000 bpd of capacity set aside for [Bakken] crude oil,” the report details.

[TransCanada] has represented that it has firm commitments to transport approximately 555,000 bpd of [tar sands], as well as 65,000 bpd of crude oil from the Bakken.

A smaller proposed project owned by TransCanada called the Bakken MarketLink pipeline and incorporated as Keystone Marketlink LLC in February 2011, would ship the fracked oil to Keystone XL’s northern leg as an “on ramp.”

“This project would include a 5-mile pipeline, pumps, meters, and storage tanks to supply Bakken crude oil to the proposed pipeline,” explains the FEIS.

For Bakken Fracked Oil, ‘No’ on KXL Means Rail

Many doubt that rail could ever replace pipeline as a viable marketing mechanism for Alberta’s tar sands. But few could argue the fact that rail reigns supreme for bringing Bakken fracked oil to market.

“Last November, rail shipped 71 percent — nearly 800,000 barrels of oil a day — of the Bakken’s oil, much of it on lines across Minnesota and Wisconsin, while pipelines shipped just 22 percent, according to estimates from the North Dakota Pipeline Authority,” explains the Duluth News Tribune.

The State Department FEIS suggests that if Keystone XL were never completed, the oil industry will instead ship the Bakken crude via rail. Both Union Pacific and Burlington Northern Santa Fe (BNSF) are mentioned by name as the potential corporate beneficiaries.

“One new rail loading terminal would be needed in Epping [in ND] to ship Bakken crude oil,” reads the FEIS. “Sufficient off-loading rail facilities currently exist or are proposed in the Gulf Coast area such that no new terminals would need to be built under this scenario.”

On December 30, 2013, a BNSF freight rail train carrying Bakken fracked oil exploded in Casselton, NDspilling over 400,000 gallons of oil. In July 2013, 47 people were killed in Lac-Mégantic, Quebec by another “bomb train” carrying Bakken crude.

Officially classified as more volatile and explosive than conventional oil by the U.S. government and some state governments, some activists have labeled freight trains carrying Bakken oil “Bomb Trains.” There were more gallons of oil spilled via rail cars carrying crude in 2013 than in the previous four decades combined.

Protests Occur in Over 200 Cities

In response to the release of the FEIS, Credo Mobile, Rainforest Action Network, Sierra Club, 350.org, The Other 98%, Center for Biological Diversity, Oil Change International, Friends of the Earth and other groups mobilized on Monday. 280 vigils took place across the country on February 3, kicking off the 30-day public comment period on the FEIS and 90-day period allotted for a response to the FEIS by the U.S. Environmental Protection Agency and the U.S. Department of Interior.

“This issue has already brought more Americans into the streets than any environmental issue in decades, and now finally we’re at the point of decision,” Bill McKibben, founder of 350.org, said at the New York City rally.

“It’s out of the hands of the bought-off bureaucrats who’ve been delaying it in the State Department for years and doing the bidding of the fossil fuel industry. Now we’re going to find out whether John Kerry and Barack Obama are similarly captives of the oil industry or whether they’re willing to really stand up when it counts for the commitments they’ve made about climate change.”

In setting up the protests, many may have thought they were protesting tar sands extraction and marketing in exclusivity.

Yet, when push comes to shove, the fight against Keystone XL’s northern leg is actually a fight against both tar sands extraction and fracking — and of course, runaway climate change. Read the rest of this entry →