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| Project Manager |
Steve Mason
Special Assistant to City Manager
City of Alexandria
703.838.3861
transloading@alexandriava.gov |
| Other Contacts |
Norfolk Southern
757.629.2713
contactus@nscorp.com |
Hon. John Warner
U.S. Senate
225 Russell Building
Washington, D.C. 20510
202.224.2023
E-mail |
Hon. James Webb
U.S. Senate
144 Russell Building
Washington, DC 20510
202.224.4024
E-mail |
Hon. James Moran
U.S. House of Representatives
2239 Rayburn Building
Washington, DC 20515
202.225.4376
E-mail |
City Council
301 King Street
Alexandria, VA 22314
703.838.4550
E-mail |
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This page contains references and links to all electronic communications among City staff, and between City staff, Norfolk Southern, and the community regarding the establishment and operation of the Ethanol Transloading Facility. The communications, furnished in response to requests made under the Virginia Freedom of Information Act, cover the period from June 20, 2006 at 8 a.m. to May 29, 2008, at 5 p.m.
E-mail addresses and telephone numbers have been redacted to protect the privacy of residents and of City staff whose home and mobile phone numbers were included on the communications. To contact City officials or staff, please use the links on the left side of this page, or Contact Us.
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Fw: Ten rail tank cars now at the Norfolk Southern facility
- To: Mark Jinks; Rich Baier
- Subject: Fw: Ten rail tank cars now at the Norfolk Southern facility
- From: Michele Evans/Alex
- Date: 04 Apr 2008 19:07:26
- Bcc:
- Cc:
fyi
----- Forwarded by Michele
Evans/Alex on 04/04/2008 07:07 PM -----
| Adam Thiel/Alex
04/04/2008 07:05 PM
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To
| Ignacio Pessoa/Alex@Alex, Jim Hartmann/Alex@Alex,
Michele Evans/Alex@Alex, Faroll Hamer/Alex@ALEX
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cc
| John Catlett/Alex@Alex, Robert Rodriguez/Alex@Alex,
Richard Josephson/Alex@ALEX
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Subject
| Re: Fw: Ten rail tank cars now at the
Norfolk Southern facilityLink |
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Unless I hear differently, we're going
to notify our operational folks that this is happening...as well as our
regional partners.
We're now way behind the planning/operations
curve on this deal...if there's anything we can do to slow this down, it
would be a very good idea. (Although I don't know what that would be at
this point.)
I want to be clear...we do not have
the capacity to deal with a significant event at this 'facility,' nor does
that capability presently exist within our mutual-aid system. We'll be
working hard next week to develop some options and operational plans to
address the potential scenarios.
Thanks for the heads-up!
Adam
----- Original Message
-----
From: Ignacio Pessoa
Sent: 04/04/2008 06:57 PM
To: Jim Hartmann; Michele Evans;
Adam Thiel; Faroll Hamer
Cc: John Catlett; Robert Rodriguez;
Richard Josephson
Subject: Re: Fw: Ten rail tank
cars now at the Norfolk Southern facility
Unfortunately, since we last met on
January 16 to review this potential use at the Norfolk Southern facility,
the Surface Transportation Board (STB -- the successor to the Interstate
Commerce Commission as the federal regulatory agency with oversight of
railroad operations) has again addressed the scope of federal preemption
of local zoning laws as such local laws may effect railroad transloading
operations.
"Transloading" is a term of
art in the bulk transportation regulations. It means transferring
bulk shipments from the vehicle/container of one mode of transportation
to that of another mode, at a terminal interchange point.
Under this most recent decision, local
zoning regulation of material transloading from rail car to truck, or from
truck to rail car, such as is being proposed here for ethanol, has now
unequivocally been found to be preempted. This preemption exists
even if the transloading is handled by a contractor, so long as the contractor
is acting as the agent of the railroad, and is taking delivery of or loading
a bulk product without making significant processing changes to the material
at the rail site. This finding of preemption is especially true as
to a pre-activity permit (such as an SUP) which entails any substantial
delay or affords the locality any significant discretion to allow or prohibit
the transloading use.
However, traditional health and safety
codes, such as building and fire prevention and haz mat regulations, are
not preempted, so long as such codes regulate the manner in which the use
is conducted, are reasonably objective in the standards imposed, are not
applied in a discriminatory fashion, and will not have the effect of unreasonably
preventing the conduct of the use. I understand that the proposed
ethanol transloading use will comply with all such existing regulations.
I would note that new health and safety regulations may be enacted,
so long as they meet the foregoing requirements and give the rail carrier
a reasonable time to comply.
Accordingly, I believe that Adam should
undertake the notifications he thinks appropriate. Since the City
is now left with no viable zoning objection to the use, such contacts and
activities cannot fairly be seen as evidencing the City's acquiescence
in the use.
Please let me know if you have any questions.
| Jim Hartmann/Alex
04/04/2008 03:44 PM
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To
| Adam Thiel/Alex@Alex
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cc
| Ignacio Pessoa/Alex@Alex, John Catlett/Alex@Alex,
Michele Evans/Alex@Alex, Robert Rodriguez/Alex@Alex
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Subject
| Re: Fw: Ten rail tank cars now at the
Norfolk Southern facilityLink |
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Ignacio, can we put some sort of legal
pressure on this intensification of use?
Jim Hartmann
Alexandria City Manager
xxx-xxx-xxxx
| Adam Thiel/Alex
04/04/2008 02:31 PM
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To
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cc
| Jim Hartmann/Alex@Alex, Michele Evans/Alex@Alex,
Ignacio Pessoa/Alex@Alex, John Catlett/Alex@Alex, Robert Rodriguez/Alex@Alex
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Subject
| Re: Fw: Ten rail tank cars now at the
Norfolk Southern facilityLink |
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I generally understand the political/legal
sensitivities/implications associated with this change-of-use at the Norfolk
Southern Intermodal Ramp.
That said, we are now "way behind"
in terms of our preparation/readiness for an emergency event involving
bulk quantities of ethanol. Our needs go far beyond site familiarization
and training on the transloading process. We do not have the equipment
or supplies to handle a fire at this site; and neither do our regional
partners. (I.e., we can't just call for mutual-aid and get what we need.)
There's a lot we need to do at this
point...recommend we get a meeting of the principals together ASAP.
Also, we need to notify our Operations
folks, VDEM, and FFX/ARL counties without delay.
Thanks!
Adam
____________________________________
Adam K. Thiel
Fire Chief
Alexandria Fire Department
900 Second Street
Alexandria, VA 22314
Phone: xxx-xxx-xxxx
Fax: xxx-xxx-xxxx
E-mail: 
| John Catlett/Alex
04/04/2008 02:04 PM
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To
| Michele Evans@Alex@Alex, Ignacio Pessoa
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cc
| Adam Thiel/Alex@Alex
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Subject
| Fw: Ten rail tank cars now at the Norfolk
Southern facility |
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FYI
It appears this will be in operation
within the next couple of days. If this starts operations, we really
do need the training and overview for our staff and fire operation staff.
John D. Catlett, MCP
Code Enforcement Director
Alexandria Fire Department
301 King Street, Room 4200
Alexandria, Virginia 22314
Office: xxx-xxx-xxxx, Ext. 110
Fax: xxx-xxx-xxxx
"Don't be afraid to give up the good to go for the great."
John D. Rockefeller
----- Forwarded by John
Catlett/Alex on 04/04/2008 01:57 PM -----
| Robert Rodriguez/Alex
04/04/2008 01:54 PM
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To
| John Catlett/Alex@Alex, Adam Thiel/Alex@Alex,
Ignacio Pessoa/Alex@Alex, Richard Josephson/Alex@ALEX
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cc
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Subject
| Ten rail tank cars now at the Norfolk
Southern facility |
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All -
I have just driven by the Norfolk Southern
yard and there are ten brand new tank cars located on the siding inside
the perimeter fence. We also just received another phone requesting
to place keys in the Knox Box at the facility and meet with on site staff
to go over the plant / process.
Please advise if we need to take any
further action.
Thanks,
Bob
Robert B. Rodriguez
Chief Fire Marshal
Alexandria Fire Department / Code Enforcement
301 King Street, Room 4200
Alexandria, Virginia 22314
Office xxx-xxx-xxxx
Direct xxx-xxx-xxxx ext. 118
Fax xxx-xxx-xxxx
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