Tag Archives: DOT-111

Earthjustice map: Crude-by-rail Across America

Repost from Earthjustice.org
[Editor: I’m reposting this map today – it was recently updated and still highly relevant.  Earthjustice’s map shows Major Crude-by-Rail Accidents since 2012 (Red Symbols) and communities opposing Crude-by-Rail (Green Symbols).  – RS]

More crude oil was spilled in U.S. rail incidents in 2013, than was spilled in the nearly four decades since the federal government began collecting data on such spills.

Since late 2012, as hydraulic fracturing and tar sands drilling created a glut of oil, the industry has scrambled to transport the fossil fuel from drill sites to the east and west coasts, where it can potentially be shipped overseas to more lucrative markets.

The increase in oil rail traffic, however, has not been matched with increased regulatory scrutiny. Oil trains are not subject to the same strict routing requirements placed on other hazardous materials; trains carrying explosive crude are permitted to pass directly through cities—with tragic results. A train carrying Bakken crude oil derailed in the Quebec town of Lac-Mégantic on July 6, 2013, killing 47 people in the small community.

In the absence of more protective regulations, communities across the country are beginning to take matters in their own hands.

Legal Cases

Earthjustice represents groups across the country, fighting for protections from crude-by-rail:

FAQs: About Crude-By-Rail

Q. What are DOT-111s?

DOT-111s are rail cars designed to carry liquids, including crude oil, and have been in service in North America for several decades. They are prone to punctures, oil spills, fires and explosions and lack safety features required for shipping other poisonous and toxic liquids. As crude production in the United States has surged exponentially in recent years, these outdated rail cars have been used to transport the crude oil throughout the country.

The U.S. and Canadian government recognized decades ago that the DOT-111s were unsafe for carrying hazardous materials, finding that the chance of a “breach” (i.e., loss of contents, potentially leading to an explosion) is over 50% in some derailment scenarios.

U.S. and Canadian safety investigators have repeatedly found that DOT-111s are unsafe and recommended that they not be used for explosive or hazardous materials, including crude oil; however, the U.S. government’s proposal to phase out these rail cars fails to take sufficient or immediate action to protect the public.

Q. What is Bakken crude oil?

Bakken crude refers to oil from the Bakken shale formation which is primarily in North Dakota, where production has skyrocketed in recent years due to the availability of newer hydraulic fracturing (“fracking”) techniques. The increase in the nation’s output of crude oil in 2013, mostly attributable to Bakken production, was the largest in the nation’s history.

Bakken crude is highly flammable, much more so than some crude oils. Today, Bakken crude moves in “unit trains” of up to 120 rail cars, as long as a mile and a half, often made up of unsafe DOT-111s.

Q. Are there alternative tank cars available?

Transporting Bakken crude by rail is risky under the best of scenarios because of its flammability. But legacy DOT-111s represent the worst possible option. All new tank cars built since October 2011 have additional some safety features that reduce the risk of spilled oil by 75%. Even so, safety investigators, the Department of Transportation, and the railroad industry believe tank cars need to be made even safer. Some companies are already producing the next-generation rail cars that are 85% more crashworthy than the DOT 111s. Petitioners support the safest alternatives available, and expect that the ongoing rulemaking process will phase out all unsafe cars.

In the meantime, an emergency prohibition on shipping Bakken crude in DOT-111s—which virtually everyone acknowledges is unreasonably dangerous—is required immediately. (Read about the formal legal petition filed on July 15, 2014.)

Q. What steps have U.S. and Canadian governments taken?

The U.S. government recognizes that Bakken crude oil should not be shipped in DOT 111 tank cars due to the risks, but has done shockingly little to limit their use.

In May 2014, the DOT issued a safety alert recommending—but not requiring—shippers to use the safest tank cars in their fleets for shipments of Bakken crude and to avoid using DOT 111 cars. Canada, in contrast, responded to the Lac Mégantic disaster with more robust action. It required the immediate phase-out of some DOT-111s, a longer phase-out of the remainder, and the railroads imposed a surcharge on their use to ship crude oil in the meantime.

In the absence of similar standards in the U.S., the inevitable result will be that newer, safer cars will be used to ship crude in Canada—while the U.S. fleet will end up with the most dangerous tank cars.

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    Three derailments are three too many

    Repost from the Winona Post

    Three derailments are three too many

    By Kat Eng, Honor the Earth volunteer, 11/23/2015
    Train derailment, Alma, Wisconsin << CBS Minnesota

    It’s hard to believe Andy Cummings, spokesperson for Canadian Pacific Railway, when he says CP Rail feels it is “absolutely” safe to resume the transportation of oil in the wake of the three derailments last week in Wisconsin.

    The first derailed (BNSF) train hurled 32 cars off the tracks outside of Alma, Wis., pouring more than 18,000 gallons of ethanol into the Mississippi River upstream of Winona. The Environmental Protection Agency (EPA) report notes that ethanol (denatured alcohol) is flammable and toxic to aquatic organisms and human life — and it’s water soluble. Though the EPA and Wisconsin DNR admitted they could not remove the toxic product from the water; site coordinator Andy Maguire claims that since they cannot detect concentrated areas of ethanol, it is not negatively impacting the surrounding aquatic life. This was the third derailment on the Upper Mississippi River Wildlife Refuge in the last nine months, according to the community advocacy group Citizens Acting for Rail Safety (CARS).

    The next day, 13 DOT-111 tankers with upgraded safety features derailed in Watertown, Wis., spilling crude oil and forcing residents to evacuate from properties along the CP tracks. Four days later, another train derailed a mere 400 feet from that spill site.

    Train derailment, Watertown, Wisconsin << fox6now.com

    How can we possibly feel safe with ever-greater amounts of toxic products hurtling down inadequately maintained infrastructure every single day? A report released last week by the Waterkeeper Alliance found that “[s]ince 2008, oil train traffic has increased over 5,000 percent along rail routes … There has also been a surge in the number of oil train derailments, spills, fires, and explosions. More oil was spilled from trains in 2013 than in the previous 40 years combined.”

    Emergency management has become routine rather than remedial. Teams show up, “contain” the spills, replace some track, and the trains roll on. With forecasts that Canadian oil production will expand by 60,000 barrels per day this year, and an additional 90,000 barrels per day in 2016, toxic rail traffic shows no signs of decreasing.

    Energy giant Enbridge has taken this as its cue to size up northern Minnesota and plot pipeline (through Ojibwe tribal lands and the largest wild rice bed in the world) between the North Dakota Bakken oil fields and refineries in Wisconsin and Illinois. Its momentum depends on us puzzling over the false dichotomy of choosing to move oil by pipeline or by rail. At the June 3 Public Utilities Commission hearing, it admitted the proposed Sandpiper/Line 3 pipeline corridor will not alleviate railway congestion but rather potentially reduce “future traffic.” It uses this assumption of unregulated growth to make people today think they have no choice but to sell out the generations of tomorrow.

    Proponents of the line want us to choose our poison: will it be more explosive trains or more explosive trains and leaky pipelines? What if an oil tanker derailed on Huff Street in the middle of rush-hour traffic and we became the next Lac-Mégantic (where an oil train exploded downtown killing 47 people)? What if a hard-to-access pipeline spewed fracked crude oil into the headwaters of the Mississippi River?

    The real harm is in the delusion that we should accept and live with these risks. It is delusional that despite repeated derailments and toxic spills, business should continue as usual. It is delusional to think the oil and rail industry have our communities’ best interests at heart.

    We have the vision, the intelligence, and the technology to choose a way forward that does not compromise our resources for the generations to come. As Winona Laduke says, “I want an elegant transition. I want to walk out of my tepee, an elegant indigenous design, into a Tesla, into an electric car, an elegant western design.” Fossil fuels are history. We need to keep them in the ground and pursue sustainable energy alternatives or risk destroying the water and habitat on which all our lives depend.

     

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      Adirondack rail line marketed for long-term storage of obsolete oil tankers

      Repost from the Times Union, Albany NY

      Adirondack rail line marketed for long-term storage of obsolete oil tankers

      Environmentalists see Adirondacks ”graveyard”

      By Brian Nearing, August 7, 2015 Updated 6:33 am
      Oil train cars in the Port of Albany on Wednesday April 22, 2015 in Albany, N.Y. (Michael P. Farrell/Times Union) Photo: Michael P. Farrell
      Oil train cars in the Port of Albany on Wednesday April 22, 2015 in Albany, N.Y. (Michael P. Farrell/Times Union) Photo: Michael P. Farrell

      TAHAWUS — To the dismay of environmental groups, a railway company potentially is going to store hundreds of emptied-out crude oil tankers on its rail line in the Adirondacks.

      The Saratoga and North Creek Railroad initially planned to use its tracks to haul rock from a mine in the High Peaks, but that has not panned out. Now, the owners see a new source of cash from storage of aging oil tankers that don’t meet current Canadian and proposed new U.S. safety standards, and will await either retrofitting or scrapping.

      Parent company Iowa Pacific Holdings has already begun to market its line for tanker storage, but questions remain over whether state permits will be required. On Thursday, spokesmen for both the state Department of Environmental Conservation and the Adirondack Park Agency said the situation was being “researched” and declined further comment.

      Last month, Iowa Pacific Holdings President Ed Ellis told a panel of Warren County lawmakers that his company believes it needs no outside permission to begin storing the tankers along the Essex County portion of the line and was informing the county merely as a courtesy.

      The 30-mile line, which runs from North Creek to near Tahawus in the High Peaks, is owned by Warren County in Warren and Saratoga counties, and leased by the railroad since 2010. The tracks in Essex County are owned by the railroad.

      Ellis told county lawmakers that his company could store hundreds of tanker cars on a section of track in Essex County called the Sanford Lake line that runs along the Hudson and Boreas rivers.

      He said the tankers would contain only oil residue and pose a “virtually non-existent” risk of explosion or fire. “We have been storing tanker cars on our line in Colorado for nine years without a problem,” Ellis said.

      “This opens up a lot of profound questions,” said Roger Downs, conservation director of the Atlantic Chapter of the Sierra Club, which in 2012 had unsuccessfully opposed a federal ruling to reopen the line, which had been closed since 1989, to freight traffic.

      “We would hope that the Adirondack Park Agency and local authorities have some local control. We are completely opposed to this plan,” said Downs. Some 13 miles of track run through the forever-wild state Forest Preserve.

      Peter Bauer, executive director of the conservation group Protect the Adirondacks, said jurisdiction over potential mass tanker storage was complex. “And no one can say how long those tankers might be there,” he added. “It could potentially be a railroad graveyard.”

      Bauer also said the rail line runs through newly acquired state land that once belonged to the Finch Pruyn paper company. “Was this kind of use what the governor had in mind when he supported that purchase?” Bauer asked.

      A call to Ellis’ office for comment was not returned. Last week, he said new and proposed regulations could shelve much of an 80,000-car tanker fleet and require that the tankers be stored for years while they await either retrofitting to meet tougher standards or are scrapped.

      Canada just required tank cars must have double hulls to reduce the risk of explosions and fires in derailments. U.S. rules were also recently announced.

      In addition to its Adirondack line, Iowa Pacific Holdings is also offering other rail lines in California, Colorado, Illinois, Oregon and Texas for tanker storage, according to the company website.

      In 2012, Iowa Pacific purchased the rail line from NL Industries, which had stopped mining at Tahawus in the 1980s. Since then, the company has spent millions to replace rails and ties, rehabilitate track sidings and add rock ballast.

      Iowa Pacific is a privately held, Chicago-based operator of nine U.S. railroads, manages two rail lines in the United Kingdom and runs other rail-related businesses.

      Ellis told county lawmakers that the tanker car storage revenue in the Adirondacks could eventually be worth “seven figures” a year to the railroad.

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        Video: Bomb Trains on the Hudson River

        Repost from HudsonRiverAtRisk.com
        [Editor:  Another excellent regional video about the potential for horrific environmental impacts due to crude by rail.  We are doing our best to guarantee that the marshlands, valleys, cities and towns of Northern California don’t become the next Hudson River Valley, transporting billions of gallons of Bakken Crude every year.  – RS]

        BOMB TRAINS ON THE HUDSON – BAKKEN SHALE COMES TO THE RIVER

        By Jon Bowermaster, July 13, 2015

        The sight of long trains made up of one hundred-plus black, cylindrical cars, rolling slowly through cities and towns across North America – often within yards of office buildings, hospitals and schools — has become commonplace.

        Few who see them know that these sinister-looking cars carry a highly flammable mixture of gas and oil from the shale fields of North Dakota. At thirty thousand gallons per car, each of these trains carries more than three million gallons of highly flammable and toxic fuel, earning them the nickname “bomb trains.”

        I see them on a daily basis in the Hudson Valley, whether stacked up four-deep alongside the thruway in Albany, crossing an aging trestle bridge in Kingston, rolling behind strip malls and health care facilities in Ulster, paralleling the very edge of the Hudson River. Several of the long, ominous-looking trains snake south from Albany to refineries in Philadelphia every day, crossing New Jersey, paralleling Manhattan.

        And this oil/gas combo is not just moving by rail: Last year three billion gallons of crude that arrived in Albany by train from the North Dakota were offloaded to tanks and then barges to be shipped downriver. The very first tanker carrying crude oil ran aground, a dozen miles south of the Port of Albany; thankfully its interior hull was not breached.

        The boom in this train traffic – in 2009 there were 9,000 of the black rail cars, today there are more than 500,000 – correlates directly with the boom in fracking of gas and oil across the U.S. Record amounts of both are being pulled out of the ground in the Dakotas, Colorado, Texas and thirty other states and needs to be delivered to refineries. Pipelines take time to build and often run into community resistance; since there are railways already leading in every direction the oil and gas industry has taken them over. In 2010, 55,000 barrels of crude oil were shipped by rail each day in the U.S.; today it is more than 1 million barrels … per day.

        During the same period there’s been another corollary, a boom in horrific railway accidents resulting in derailments, spills, fires and explosions. Sometimes they occur near fragile wetlands (Aliceville, AL, November 2013); sometimes in neighborhoods where hundreds must be evacuated (Casselton, ND, December 2013); and sometimes in the middle of a town (Lac-Megantic, Quebec, July 2013, where 47 people were killed in a midnight derailment).

        Since February 14 a half-dozen of these “bomb trains” have derailed and spilled or exploded, in Illinois, Ontario and West Virginia, leaving widespread destruction and environmental damage in their wake. A half-mile on either side of the tracks is considered within the “blast zone” when these fuel-laden trains crash. Increasingly they are mentioned as potential terrorist weapons.

        bomb_train_accidents_2013-2015Efforts to regulate this explosion of shipping by rail has proven difficult. It seems that no one wants to accept the responsibility (or costs) of improving the safety of the cars, the tracks, the infrastructure they run over or the volatile fuel. On May 2 the Department of Transportation issued some new rules and regulations regarding the speed trains can travel at through communities, required updated and safer rail cars and more, but most of the proposed changes don’t take effect for many years. Environmental advocates are not hopeful for much quick change given the powerful lobbying efforts of the gas, oil and rail industries.

        New York Governor Andrew Cuomo has previously said there was little the state could do to slow the traffic, but even he is concerned about the possibility of accident; last month the governor’s office issued a complaint after investigating train cars coming into Albany and citing 84 “defects.”

        Opposition to new safety rules comes despite that the D.O.T. estimates that if this pace of shipping continues there will be fifteen major accidents every year and one of the enormity of Lac-Megantic (47 people killed) every two years.

        “Even if new measures are adopted,” says Roger Downs, an Albany-based attorney with the Sierra Club’s Atlantic Chapter, “it still feels like a half-baked plan to address a wholly inappropriate way to move oil.”

         

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