Shell must prepare an environmental impact statement (EIS) for a planned 102-car crude-by-rail facility at its 147,000 b/d refinery in Anacortes, Washington, local regulators ruled.
The finding by the Skagit county hearing examiner reverses an earlier county finding and likely will delay construction of the facility.
"It is clear that new hazards have been introduced by the enormous volumes of crude oil being shipped by rail, by the great length of crude-oil trains, and by the high volatility or flammability of Bakken crudes," Skagit county hearing examiner Wick Dufford wrote in his ruling. "Catastrophes have occurred elsewhere. No one doubts that such a thing could happen here."
The volatility of Bakken crude has been a mounting concern for regulators after a runaway Bakken crude train crash killed 47 people in Lac-Megantic, Quebec, in July 2013. That accident was the first of five fiery North American crude-by-rail crashes over the next year. In December, North Dakota regulators ordered operators to treat Bakken crude to lower its volatility before shipping it by rail.
Environmental groups led by Earthjustice had challenged an earlier finding that had exempted Shell from producing an EIS.
The latest ruling is one of several indications that crude-by-rail facilities are becoming increasingly hard to build in Washington. The state is evaluating a crude-by-rail tax. Other crude-by-rail projects last year faced setbacks after environmental groups successfully challenged their exemption. The two companies involved in those projects, Imperium Renewables and Westway Terminals, have since opted to conduct an EIS to address public concerns. Refiner Tesoro received an exemption for its nearby rail facility at its 120,000 b/d refinery in Anacortes, but has faced headwinds on its proposed 380,000 b/d facility in Vancouver, Washington.
Shell is disappointed by the decision, the company said in a statement.
"This project is critical for the refinery, and we strongly believe that the county's environmental analysis was thorough and based on sound science and evidence," Shell said, adding that it has been in the permitting process for the site for over two years. "We respect the hearing examiner's decision and are determined to stay the course in this process in order to achieve a win/win for Shell and the community."
The EIS must address the potential risks of spills, fires and explosions from oil trains, the safety of railroad bridges in Skagit county, the environmental impact of an oil spill and an the effectiveness of emergency preparedness efforts in Skagit county to respond to spills, fires and explosions.
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