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Resolution 1363 Packet7.3 City Council Agenda Item Meeting Date: 06/28/2016 Resolution Urging the Prohibition of Trains Carrying Coal Through Edmonds (5 min) Staff Lead: Andrew Pierce Department: City Council Preparer: Andrew Pierce Background/History Trains carrying coal present a health and safety risk to the people and areas immediately adjacent to rail lines that those trains travel upon. The projected increase in the production of coal is very likely to lead to an increase in number of trains carrying coal throughout the United States, especially to export facilities in Washington and Canada. With that increase, the potential for the health and safety affects posed by trains carrying coal will also increase. The increased potential for harm caused by trains carrying coal poses a substantial risk to the City of Edmonds as rail lines that trains use to carry coal to market run through the heart of Edmonds, as well as, along the shoreline of Puget Sound and other natural areas. Staff Recommendation <Type or insert text here> Narrative Projected Increase in the Production and Export of Coal from the United States Despite a decrease in coal production in the United States between 2015 and 2016, current projections show an increase in national coal production in 2017 by four percent. (1) A large portion of the coal produced in the United State is shipped for export to Asia. (2) An increase in the total amount of coal produced will likely increase the amount shipped via train, and exported from the Canadian export terminals in British Columbia. Other than the Longview terminal in southwestern Washington, the majority of coal export terminal are located in British Columbia, Canada. As it is cheaper to export coal to Asia through Canada, trains carrying coal for export to Asia must travel through Edmonds to get to Canadian export facilities in British Columbia. Expansion efforts at three Canadian coal export facilities evidence preparation for a likely increase. (3) Any increase in the production and subsequent transportation of coal to export terminals in Washington and Canada will likely increase the amount of coal train traffic through Edmonds. Estimated Amount of Coal Dust Lost During Transit Packet Pg. 115 7.3 Trains carrying coal also carry the threat of harm to the environment and public health and safety due to the coal dust that is blown from the "open -top hopper" train cars used to haul the coal via rail. Although many rail companies have implemented procedures that can reduce coal dust lost during transit by an average of eighty-five percent (4), it is still estimated that coal trains can lose as much as "500 pounds of coal dust per car for every 500 miles traveled." (5) Railroad industry officials claim that the bulk of coal dust that does blow from these open -top train cars does so closer to the loading stations and mines and decreases as the train travels further from the loading terminal, however, similar to other issues surrounding coal dust emanating from trains, there is no solidly conclusive evidence as to how much coal dust will actually blow from open -top trains cars carrying coal. Additionally, industry officials claim that other factors like weather and the speed the train is travelling can affect coal dust loss. As coal trains typically have over 100 open -top cars in a unit, according to the above estimates, a possible total of 2,000 pounds of coal dust per day could be released into the environment along the five miles of rail lines that run through Edmonds. (6) With the projected increase of coal production and shipping, this estimate could have the potential to increase the amount of coal dust released in Edmonds. A lawsuit filed by the Sierra Club and other environmental groups in 2013 sought an injunction to stop the transportation of coal via rail. As part of that lawsuit, the petitioners submitted evidence of coal dust and ore discharge and accumulation in several tested areas. As part of the suit, the petitioners submitted evidence of coal dust discharge from several points along rail lines where trains carrying coal traverse, including the following two sites: February 27, 2013 (Picnic Point Beach, Edmonds, Puget Sound); March 1, 2013 (Marina Beach Park, Edmonds, Puget Sound). (7) While total amounts of coal dust lost from open -top train cars is inconclusive, evidence suggests that the amount is not zero and, for reasons later discussed, likely is not negligible regardless of how little or how much is lost in transit. The Potential Risk to Heath, Environment, Personal Safety posed by Coal Train Transit through Edmonds Trains carrying coal through Edmonds pose serious environmental, health, and safety risks. Any increase in the number of trains carrying coal through Edmonds can only increase the potential manifestation of those risks. The trains themselves are powered by diesel engines which release diesel particulates via exhaust. The health effects from diesel engine particulate matter were the reason that in 2008 the Environmental Protection Agency ("EPA") began implementing emissions standards for diesel locomotive engines manufactured and used in the United States. As stated in a 2008 EPA Regulatory Announcement: "Locomotive and marine diesel engines contribute significantly to air pollution in many of the nation's cities and towns. EPA anticipates that over the next few decades, these engines may account for an even greater share of overall emissions as other emission control programs take effect for cars and trucks and other nonroad (sic) emissions sources. Estimates show that, without the emission reductions from this final action, by 2030 locomotive and marine diesel engines would contribute more than 65 percent of national mobile source diesel PM2.5, or fine particulate, emissions and 35 percent of national mobile Packet Pg. 116 7.3 source NOx emissions, a key precursor to ozone and secondary PM formation. As of October 10, 2007, air quality data show that about 144 million people live in areas that violate air quality standards for ground -level ozone, also called smog, and about 88 million people live in areas that violate air quality standards from PM. These pollutants contribute to serious public health problems that include premature mortality, aggravation of respiratory and cardiovascular disease, and aggravation of existing asthma, acute respiratory symptoms and chronic bronchitis. Beyond the impact these diesel engines have on our nation's ambient air quality, exposure to diesel exhaust has been classified by EPA as being likely carcinogenic to humans. Children, people with heart and lung diseases, and the elderly are most at risk." (8) While the 2008 rule concerning the emissions standards for locomotive diesel engines will reduce the total amount of diesel engine particulate matter from diesel train emissions, it will not eliminate all emissions coming from diesel locomotives. A study concerning pollution prevention stated, "epidemiologic evidence suggests that there may be no safe threshold for fine particulate matter and that the effects are linearly related to concentration." (9) Despite the EPA's measures to curb locomotive emissions, the increase in the number of trains traveling through Edmonds can only increase the level of diesel engine particulate matter released in the environment surrounding the city of Edmonds. Coal has been transported via train for decades, but little research has been done on the potential health effects for people who live near coal train routes. The presence of known toxins in coal dust (mainly arsenic, mercury, and other heavy metals), as well as, exposure to coal dust, have been linked to many health problems, including: birth defects, cancer, heart disease, and respiratory illnesses like asthma, chronic bronchitis, and lung cancer. (10) While it is certain that people living along coal train routes will likely never be exposed to the levels of coal dust to which the typical coal miner is exposed, any exposure to coal dust could carry adverse health effects. Juliet Van Eenwyk, an epidemiologist with the Washington State Department of Health, in 2013 stated; "There could be ramifications for children at lower levels of breathing the coal dust," and that if they're exposed to air pollution they can suffer from decreased lung function for the rest of their lives. (11) Regna Merritt, of the Oregon Physicians for Social Responsibility (a group of doctors who want Oregon to stop the permitting process for coal exports) speaking on the health concerns of people living in close proximity to rail lines carrying coal, stated, "If you live near the tracks, that's going to be bad news for you. For your lungs and your heart. (12) Although the effects of coal dust in mines has been thoroughly studied for its potential health impacts, there is no research based evidence that living near rail lines over which trains carrying coal travel is directly related to any health defects, however, public health officials in Washington say there is enough risk to merit more testing and research about coal dust from trains. (13) The risk of coal dust deposited into the air, water, and natural areas abutting the rail lines that run through Edmonds poses more threats to the environment. A study commissioned by the Environmental Packet Pg. 117 7.3 Protection Agency in 1978 (the most recent study available concerning the effects of coal dust in the environment) concluded the following: "Operation of a rail line to transport coal can cause pollutant emissions, noise, potential for fires, leaching of chemicals and detrimental aesthetic effects." "Coal dust will cover the leaves of nearby vegetation and reduce its photosynthesis capabilities." "Coal dust could have 'toxic effects on wildlife that might browse on [coal dust covered] vegetation." (14) Coal dust not only poses a risk to the environment due to loss during transit, but coal dust has been proven to degrade the integrity of rail lines thus creating the potential to weaken tracks and increase the potential for track failure and derailment. A study conducted by the University of Illinois concerning the effect of coal dust on railroad ballast strength (a railroad ballast is what would be considered the traditional railroad tie upon which the railroad tracks sit) concluded that accumulation of coal dust weakens the structural integrity of rail tracks which caused many of the track failures leading to derailments close to coal production facilities. (15) Again, while there is no conclusive evidence as to the environmental harm of coal dust in air, water, or soil, a derailment of an open top train car carrying coal through Edmonds has the potential to deposit massive amounts of coal ore into Puget Sound and other natural areas within Edmonds' borders. As previously stated, while there is no conclusive evidence as to how much coal dust may be lost in transit, results from testing done by the Sierra Club and filed as part of that groups' lawsuit seeking to enjoin coal transport via rail, as well as, industry studies on the loss of coal dust during transit evidences that the amount is not zero. For the same reasons that coal dust can be hazardous to human health (the presence of heavy metals like arsenic, mercury, etc.) it can also be hazardous to the environment while at the same time causing massive aesthetic problems due to a deposit of coal dust on the environment and personal property. ENDNOTES: 1. (See U.S. Coal Production Forecast Chart at < https://www.eia.gov/forecasts/steo/report/coal.cfm>.) 2. (See U.S. Coal Exports Table at http://www.eia.gov/coal/production/quarterly/pdf/t7p0lp1.pdf.) 3. (See "Coal Association of Canada" website page < http://www.coal.ca/transportation/>, stating "By early 2013, western -based Westshore, Neptune and Ridley Terminals will see over $1 billion invested in improvements to the efficiency and capacity of their terminals. This includes the addition of more than 20 million tonnes in coal handling capacity.") 4. (see <http://www.bnsf.com/customers/what-can-i-ship/coal/coal-dust.html>.) 5. (See "How Much Coal Dust Will There Really Be? Cassandra Profita, Ecotrope, July 30, 2012, posted on Oregon Public Broadcasting website, <http://www.opb.org/news/blog/ecotrope/10753/>) Packet Pg. 118 7.3 6. Estimate based on the following formula: 500 pounds of Coal Dust lost per car over 500 miles equated to 1 pound lost over 1 mile. Estimates show that 4 coal train units likely pass through Edmonds daily, each with a minimum of 100 cars. Thus, 1 lb. of coal dust, per car, per mile at five miles of track at four trains a day at 100 cars per train is (1 X 100 X 5 X 4 = 2000). 7. (See Learn, Scott, "Sierra Club sues over coal dust from uncovered trains in Columbia River gorge," The Oregonian, June 5, 2013, <http://www.oregonlive.com/environment/index.ssf/2013/06/sierra_club_sues_over_coal_dus.html>, accessed website on June 23, 2016. 8. "Emissions Standards for Locomotives and Marine Compression -Ignition Engines," United States Environmental Protection Agency, Regulatory Announcement, EPA-420-F-08-004, March 2008. <https://www3.epa.gov/otaq/regs/nonroad/420f08004.pdf> [emphasis added]. 9. (see Pollution Prevention and Abatement Handbook, 1998: Toward Cleaner Production, Vol. 777, pg., 204, find at <https://www.cdc.gov/niosh/docs/2011-172/pdfs/2011-172.pdf>.) 10. (See <http://www.ifc.org/wps/wcm/connect/59cfb38048855493b35cf36a6515bb18/Handbook AirborneParticularMatter.pdf?MOD=AJPERES>.) 11. (see "Current Intelligence Bulletin 64: Coal Mine Dust Exposure and Associated Health Outcomes," joint report by the Department of Health and Human Services, Centers for Disease Control and Prevention, and the National Institute for Occupational Safety and Health, April 2011, <https://www.cdc.gov/niosh/docs/2011-172/pdfs/2011-172.pdf>.) 12. (see "What Coal -Train Dust Means For Human Health," Ashley Ahearn, KUOW, March 10, 2013, posted on Oregon Public Broadcasting website, < http://www.opb.org/news/article/coal-dust-a-closer- look/>.) 13. (see "How Much Coal Dust Will There Really Be? Cassandra Profita, Ecotrope, July 30, 2012, posted on Oregon Public Broadcasting website, http://www.opb.org/news/blog/ecotrope/10753/.) 14. (see "What Coal -Train Dust Means For Human Health," Ashley Ahearn, KUOW, March 10, 2013, posted on Oregon Public Broadcasting website, < http://www.opb.org/news/article/coal-dust-a-closer- look/>, Discussing a request made by the State of Washington Department of Health to conduct an Environmental Impact Statement for the proposed Gateway Pacific Terminal in Cherry Creek, which was denied permitting in early 2016 by the United States Army Corps of Engineers because it would interfere with tribal sovereignty.) 15. Ahearn, Ashley, "Coal Dust's Environmental Impacts," KUOW, reported online at Oregon Public Broadcasting, March 11, 2013, < http://www.opb.org/news/article/coal-dusts-environmental-impacts/>, accessed June 23, 2016. 16. Tutumler, Erol, William (Zach) Dombrow, and Hai Huang, "Effect of Coal Dust on Railroad Ballast Strength and Stability," <http://railtec.illinois.edu/CEE/pdf/PPT's/faII08/Tutumluer%20- %2010_10_2008.pdf>. accessed June 24, 2016. Packet Pg. 119 7.3.a RESOLUTION NO. [########] A RESOLUTION URGING THE PROHIBITION OF THE TRANSPORTATION OF COAL VIA RAIL THROUGH THE CITY OF EDMONDS WHEREAS, the City Council has a responsibility and a duty to protect the health and safety of its citizens; and WHEREAS, as a signatory member of the Safe Energy Leadership Alliance ("SELA"), Edmonds has committed itself to being a regional and national leader in addressing the adverse impacts of climate change unequivocally linked to the burning of fossil fuels; and WHEREAS, Edmonds has committed itself to protecting the environment and natural resources of our community, the State of Washington, the United State of America, and the Earth; and WHEREAS, the burning of fossil fuels in the production of energy is unsustainable and is in stark contradiction to the goals of Edmonds to mitigate and combat the effects of climate change; and WHEREAS, the transportation of coal ore via rail, and the burning of coal and other fossil fuels in the production of energy, threatens both the personal health and safety of Edmonds citizens as well as the health and safety of our natural resources and environment; and WHEREAS, the coal transported via rail is exposed in open -top rail cars resulting in coal dust contaminating all areas along the rail lines where coal is transported via train; and WHEREAS, coal dust contamination has the potential to cause serious growth and development conditions in children, cardiovascular and respiratory health problems, as well as, the potential to pose a threat to personal safety and property; and WHEREAS, all projected estimates evidence a significant increase in the number of coal trains traveling the rail lines that run through Edmonds to export facilities in the State of Washington and British Columbia, Canada; and WHEREAS, the City of Edmonds should join with other cities, localities, states, and tribal nations in demanding a cessation of the use of fossil fuels for the production of energy and of the transportation of fossil fuels via rail through populated areas; and WHEREAS, prior resolutions passed by this Council addressing the issue of the transportation of fossil fuels via rail have not been adequately addressed by the governments of the State of Washington or the United States of America, have not led to a decrease in the transportation of coal and other fossil fuels through our community, and did not account for the increases in transportation of fossil fuels via rail through Edmonds. Packet Pg. 120 7.3.a NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, THAT: Section 1: The City of Edmonds adamantly supports and urges the transition of energy production away from the consumption of fossil fuels and toward the implementation of a sustainable, renewable, and environmentally friendly system of energy production. Section 2: The City of Edmonds opposes the transportation of coal via rail through the City of Edmonds, along the Puget Sound, and other populated areas. Section 3: The City of Edmonds strongly urges the United States Department of Transportation and the United States Congress to prohibit the transportation of coal via rail through the City of Edmonds and all other populated areas. Section 4: Copies of this resolution shall be transmitted by the City Clerk to the President of the United States; the Secretary of the United States Department of Transportation; each member of the United States Congress elected from this State, including: Senator Patty Murray, Senator Maria Cantwell, and Representative Jim McDermott; Governor Jay Inslee; each member of the Washington State delegation representing the City of Edmonds from Districts 21 and 32, including: Senator Maralyn Chase, Senator Marko Liias, Representative Cindy Ryu, Representative Ruth Kagi, Representative Strom Peterson, and Representative Lillian Ortiz -Self. Packet Pg. 121