Tag Archives: Department of Transportation (DOT)

Crude By Rail, Derailment, Federal Regulation (U.S.), Rail Safety, Train braking systems

At time of oil train wrecks and record auto recalls, GOP bill would roll back safety rules

Repost from Fox Business

At time of oil train wrecks and record auto recalls, GOP bill would roll back safety rules

By Joan_Lowy & Tom Krisher, July 16, 2015, Associated Press
Amtrak wreck in Philadelphia
FILE – In this May 12, 2105 file photo, emergency personnel work the scene of a deadly train wreck in Philadelphia. An Amtrak train headed to New York City derailed and tipped in Philadelphia. Despite several years of horrific oil train wrecks and record car and truck recalls, congressional Republicans have decided that the auto and railroad industries suffer from too much safety regulation, not too little. (AP Photo/ Joseph Kaczmarek, File) (The Associated Press)

WASHINGTON –  At a time of record auto recalls and high-profile train wrecks, Republicans are working on legislation to roll back safety regulation of the auto and railroad industries.

A bill approved this week on a party-line vote by a Senate committee brims with industry-sought provisions that would block, delay or roll back safety rules. The measure is to be part of a must-pass transportation bill that GOP leaders hope to put to a vote in the Senate as early as next week.

They are under pressure to act quickly because authority for transportation programs expires on July 31. Without a cash infusion, the government will have to delay highway and transit aid to states.

One provision would block a new Department of Transportation rule requiring that trains hauling crude oil are equipped with electronically controlled brakes that affect cars all at the same time, rather than sequentially. The bill calls for a study of the technology and puts off any regulatory mandate, which could delay implementation for years.

The brake rule was prompted by a series of train wrecks in which cars of crude oil and ethanol exploded, igniting fires that burned for days. Freight railroads oppose the rule, which could cost them billions of dollars.

Another provision would give freight and commuter railroads and Amtrak more time to install a safety system called positive train control. The technology relies on GPS, wireless radio and computers to monitor train position and slow or stop trains in danger of derailing because they’re traveling too fast, are about to collide with another train or are about to enter an area where crews are working on tracks.

A 2008 law requires railroads to have the technology installed and operating by the end of this year. Most are not expected to make that deadline.

The National Transportation Safety Board says that if the technology been in operation, it could have prevented an Amtrak derailment in May that killed eight people and injured about 200 others in Philadelphia, and a derailment that killed four passengers and injured 64 others in New York City in December 2013, as well as other fatal accidents.

Railroads say they have spent billions of dollars on the technology but have been hampered by technical and financial difficulties and need more time.

The bill would effectively allow states to lower the qualifying age for interstate commercial truck drivers from 21 to 18. The provision was sought by the trucking industry, which says there is a shortage of drivers.

Another provision sought by the industry would require the Federal Motor Carrier Safety Administration to remove safety ratings of truck and bus companies from its public website. The companies disagree with the methodology the agency uses for the ratings.

The bill would impose requirements on the motor carrier agency that safety advocates say could stymie new safety regulations by making an already lengthy rulemaking process even more difficult.

Following record auto recalls last year totaling almost 64 million vehicles, the National Highway Traffic Safety Administration asked that its staff be increased and the limit on fines levied on offending automakers be raised to $300 million, from the current $35 million.

The Senate Commerce, Science and Transportation Committee agreed to increase the agency’s budget and double the maximum fine to $70 million, but only after it satisfies 17 recommendations made by the Transportation Department’s inspector general and comes out with regulations identifying all the factors that go into calculating fines. That could effectively delay action on both matters by a year or more.

The chairman, Sen. John Thune, R-S.D., and other Republicans on the committee said the changes were necessary reforms to federal agencies that have overstepped their bounds or have issued regulations that unfairly penalize industry without improving safety. Thune noted the bill contains several provisions sought by Democrats and safety advocates.

One of the biggest would prevent rental car agencies from renting vehicles that are under a safety recall, but have not been repaired. Initially, the bill had said rental car agencies could rent unrepaired cars if they first informed customers.

That was not enough to sweeten the bill for safety advocates.

The GOP bill is “loaded down with giveaways to special interests that will set back safety for years to come,” said Jackie Gillan, president of Advocates for Highway and Auto Safety. “The influence of corporate lobbyists had more sway than commonsense and cost-effective solutions to deadly problems.”

Air Quality, Alberta Canada, Bitumen, Tar sands crude

Canada oil sands: dirtier than conventional domestic crude

Repost from the Daily Democrat, Davis CA
[Editor: Original materials: see the Abstract of the study or the 19 pages of Supporting Information.   – RS]

Canada oil sands have more emissions than those in US

By Kat Kerlin, UC Davis News Service, 06/25/15, 3:20 PM PDT
A photo of the Valero refinery taken at night in Benicia. Benicia’s Valero refinery is one of the Bay Area’s five refineries that have moved toward acquiring Canadian tar sands crude by rail. A new study by UC Davis has found oil from Canada causes more emissions than oil from the United States.

Gasoline and diesel fuel extracted and refined from Canadian oil sands will release about 20 percent more carbon into the atmosphere over its lifetime than fuel from conventional domestic crude sources, according to a study by the U.S. Department of Energy’s Argonne National Laboratory, UC Davis and Stanford University.

The research was funded by the Bioenergy Technologies Office and Vehicle Technologies Office within DOE’s Office of Energy Efficiency and Renewable Energy.

The researchers used a life-cycle, or “well-to-wheels,” approach, gathering publicly available data on 27 large Canadian oil sands production facilities. The study, published in the journal Environmental Science and Technology, found the additional carbon impact of Canadian oil sands was largely related to the energy required for extraction and refining.

“The level of detail provided in this study is unprecedented,” said co-author Sonia Yeh, a research scientist at the Institute of Transportation Studies at UCD, who helped lead research on emissions related to land disturbance. “It provides a strong scientific basis for understanding the total carbon emissions associated with using this resource, which allows us to move forward with informed discussions on technologies or policy options to reduce carbon emissions.”

Canadian oil sands are extracted using two processes, both of which are energy intensive. Oil close to the surface can be mined, but still must be heated to separate the oil from the sand. Deeper sources of oil are extracted on site, also called in situ extraction, requiring even more energy when steam is injected underground, heating the oil to the point it can be pumped to the surface. The extracted oil product, known as bitumen, can be moved to refineries in the United States or refined on site to upgraded synthetic crude.

On-site extraction tends to be more carbon intensive than surface mining, and producing refined synthetic crude generally requires more carbon emissions than producing bitumen. Depending on which methods are used, the carbon intensity of finished gasoline can vary from 8 percent to 24 percent higher than that from conventional U.S. crudes.

“This is important information about the greenhouse gas impact of this oil source,” said lead author and Argonne researcher Hao Cai. “Canadian oil sands accounted for about 9 percent of the total crude processed in U.S. refineries in 2013, but that percentage is projected to rise to 14 percent in 2020.”

Crude By Rail, Derailment, DOT-111, DOT-112, DOT-117, Ethanol, Explosion, Tank car design, Tank car retrofit

New Brunswick derailment: some tank cars fared better than others

Repost from McClatchy DC News

Tank car upgrades effective in derailments, Canadian report shows

By Curtis Tate, McClatchy Washington Bureau, June 19, 2015

Tank car improvements required by the U.S. and Canadian governments last month should cut the risk of spills and fires in oil train accidents, Canadian investigators have concluded.

The finding came from the Transportation Safety Board of Canada’s investigation of on a derailment in January 2014 in Plaster Rock, New Brunswick.

While the report pinpointed a broken wheel as the cause, the derailment provided a rare side-by-side comparison of the performance of two different types of tank cars in use for decades on the North American rail system.

A type of tank car called the DOT-112 survived the Plaster Rock derailment with no impact damage, according to the report, released Friday. Four such cars carrying butane derailed.

In contrast, two DOT-111 cars carrying crude oil sustained punctures, spilling more than 60,000 gallons. The spilled oil caught fire.

The DOT-112 cars have features very similar to the new DOT-117 standard unveiled by regulators on May 1. Both include half-inch thick shields that fully protect both ends of the car, thicker 9/16-inch shells and thermal insulation around the tank shell enclosed with an additional layer of steel.

Typically, the DOT-111 cars have 7/16-inch shells and none of the other protections.

As McClatchy reported last year, the DOT-112 was beefed up after a series of catastrophic tank car explosions in the 1970s that killed railroad workers and firefighters and caused extensive property damage. After the 112 was upgraded, the accidents subsided.

But the DOT-111 fleet remained unchanged, even when railroads began hauling larger quantities of ethanol a decade ago, followed by crude oil five years ago.

The Canadian report lists 13 other rail accidents involving crude oil or ethanol since 2005 that illustrate the vulnerabilities of the DOT-111. Three of those derailments took place this year, including two in Ontario and one in West Virginia.

The list also includes the 2013 disaster in Lac-Megantic, Quebec, which resulted in 47 fatalities. The families of the victims and their attorneys earlier this month unanimously ratified a proposed $350 million settlement package.

The U.S. Department of Transportation last month required that new tank cars carrying crude oil and ethanol meet the DOT-117 standard beginning in October. Tank car owners, which are typically railcar manufacturers, financial firms and energy companies, must comply with a series of retrofit deadlines for DOT-111 cars that are spread out over a decade.

The oil industry says the timeline is too short, while environmentalists say it’s too long. Both have since taken the department to court.

Crude By Rail, Electronically controlled pneumatic braking (ECP), Federal Regulation (U.S.), Oil conditioning, Oil Industry, Rail industry, Rail routing, Tank car identification, Tank car retirement, Tank car retrofit, Train length, Unit trains, Volatility

NPR: Battle Over New Oil Train Standards Pits Safety Against Cost

Repost from National Public Radio (NPR)

Battle Over New Oil Train Standards Pits Safety Against Cost

By David Schaper, June 19, 2015 3:30 AM ET

A train carrying crude oil derailed in Mount Carbon, W.Va., in February, causing a large fire that forced hundreds of people to evacuate their homes.
A train carrying crude oil derailed in Mount Carbon, W.Va., in February, causing a large fire that forced hundreds of people to evacuate their homes. Steven Wayne Rotsch/Office of the Gov. of West Virginia/AP

The federal government’s new rules aimed at preventing explosive oil train derailments are sparking a backlash from all sides.

The railroads, oil producers and shippers say some of the new safety requirements are unproven and too costly, yet some safety advocates and environmental groups say the regulations aren’t strict enough and still leave too many people at risk.

Since February, five trains carrying North Dakota Bakken crude oil have derailed and exploded into flames in the U.S. and Canada. No one was hurt in the incidents in Mount Carbon, W.Va., and Northern Ontario in February; in Galena, Ill., and Northern Ontario in March, and in Heimdal, N.D., in May.

Stephanie Bilenko of La Grange, Ill. (from left), Paul Berland of suburban Elgin and Dr. Lora Chamberlain of Chicago, are members of a group urging more stringent rules for the oil-carrying trains.
Stephanie Bilenko of La Grange, Ill. (from left), Paul Berland of suburban Elgin and Dr. Lora Chamberlain of Chicago, are members of a group urging more stringent rules for the oil-carrying trains. David Schaper

But each of those fiery train wrecks occurred in lightly populated areas. Scores of oil trains also travel through dense cities, particularly Chicago, the nation’s railroad hub.

According to state records and published reports, about 40 or more trains carrying Bakken crude roll through the city each week on just the BNSF Railway’s tracks alone. Those trains pass right by apartment buildings, homes, businesses and even schools.

“Well just imagine the carnage,” said Christina Martinez. She was standing alongside the BNSF tracks in Chicago’s Pilsen neighborhood as a long train of black tank cars slowly rolled by, right across the street from St. Procopius, the Catholic elementary school her six-year-old attends.

“Just the other day they were playing soccer at my son’s school on Saturday and I saw the train go by and it had the ‘1267’, the red marking,” Martinez said, referring to the red, diamond-shaped placards on railroad tank cars that indicates their contents. The number 1267 signifies crude oil. “And I was like, ‘Oh my God.’ Can you imagine if it would derail and explode right here while these kids are playing soccer and all the people around there?”

New federal rules require stronger tank cars, with thicker shells and higher front and back safety shields for shipping crude oil and other flammable liquids. Older, weaker models that more easily rupture will have to be retrofitted or replaced within three to five years. But Martinez and others wanted rules limiting the volatility of what’s going into those tank cars, too.

Oil from North Dakota has a highly combustible mix of natural gases including butane, methane and propane. The state requires the conditioning of the gas and oil at the wellhead so the vapor pressure is below 13.7 pounds per square inch before it’s shipped. But even at that level, oil from derailed tank cars has exploded into flames.

And many safety advocates had hoped federal regulators would require conditioning to lower the vapor pressure even more.

“We don’t want these bomb trains going through our neighborhood,” said Lora Chamberlain of the group Chicagoland Oil by Rail. “Degasify the stuff. And so we’re really, really upset at the feds, the Department of Transportation, for not addressing this in these new rules.”

Oil trains sit idle on the BNSF Railway's tracks in Chicago's Pilsen neighborhood.
Oil trains sit idle on the BNSF Railway’s tracks in Chicago’s Pilsen neighborhood. David Schaper/NPR

Others criticize the rules for giving shippers three to five years to either strengthen or replace the weakest tank cars.

“The rules won’t take effect for many years,” said Paul Berland, who lives near busy railroad tracks in suburban Elgin. “They’re still playing Russian roulette with our communities.”

A coalition of environmental groups — including Earthjustice, ForestEthics and the Sierra Club — sued, alleging that loopholes could allow some dangerous tank cars to remain on the tracks for up to a decade.

“I don’t think our federal regulators did the job that they needed to do here; I think they wimped out, as it were,” said Tom Weisner, mayor of Aurora, Ill., a city of 200,000 about 40 miles west of Chicago that has seen a dramatic increase in oil trains rumbling through it.

Weisner is upset the new rules provide exemptions to trains with fewer than 20 contiguous tank cars of a flammable liquid, such as oil, and for trains with fewer than 35 such tank cars in total.

“They’ve left a hole in the regulations that you could drive a freight train through,” Weisner said.

At the same time, an oil industry group is challenging the new regulations in court, too, arguing that manufacturers won’t be able to build and retrofit tank cars fast enough to meet the requirements.

The railroad industry is also taking action against the new crude-by-rail rules, filing an appeal of the new rules with the Department of Transportation.

In a statement, Association of American Railroads spokesman Ed Greenberg said: “It is the AAR’s position the rule, while a good start, does not sufficiently advance safety and fails to fully address ongoing concerns of the freight rail industry and the general public. The AAR is urging the DOT to close the gap in the rule that allows shippers to continue using tank cars not meeting new design specifications, to remove the ECP brake requirement, and to enhance thermal protection by requiring a thermal blanket as part of new tank car safety design standards.”

AAR’s President Ed Hamberger discussed the problems the railroads have with the new rules in an interview with NPR prior to filing the appeal. “The one that we have real problems with is requiring something called ECP brakes — electronically controlled pneumatic brakes,” he said, adding the new braking system that the federal government is mandating is unproven.

“[DOT does] not claim that ECP brakes would prevent one accident,” Hamberger said. “Their entire safety case is based on the fact that ECP brakes are applied a little bit more quickly than the current system.”

Acting Federal Railroad Administrator Sarah Feinberg disagreed. “It’s not unproven at all,” she said, noting that the railroads say ECP brakes could cost nearly $10,000 per tank car.

“I do understand that the railroad industry views it as costly,” Feinberg adds. “I don’t think it’s particularly costly, especially when you compare it to the cost of a really significant incident with a train carrying this product.”

“We’re talking about unit trains, 70 or more cars, that are transporting an incredibly volatile and flammable substance through towns like Chicago, Philadelphia,” Feinberg continues. “I want those trains to have a really good braking system. I don’t want to get into an argument with the rail industry that it’s too expensive. I want people along rail lines to be protected.”

Feinberg said her agency is still studying whether to regulate the volatility of crude, but some in Congress don’t think this safety matter can wait.

“The new DOT rule is just like saying let the oil trains roll,” U.S. Sen. Maria Cantwell, D-Wash., said in a statement. “It does nothing to address explosive volatility, very little to address the threat of rail car punctures, and is too slow on the removal of the most dangerous cars.”

Cantwell is sponsoring legislation to force oil producers to reduce the crude’s volatility to make it less explosive, before shipping it on the nation’s rails.