Tag Archives: DOT-117

Rail Industry Requests Massive Loophole in Oil-by-Rail Safety To Extend Bomb Trains Well Beyond 2025

Repost from DeSmogBlog

Rail Industry Requests Massive Loophole in Oil-by-Rail Safety To Extend Bomb Trains Well Beyond 2025

By Justin Mikulka, July 21, 2016 – 13:00

In the most recent oil-by-rail accident in Mosier, Oregon the Federal Rail Administration (FRA) concluded that the tank cars involved — the jacketed CPC-1232 type — “performed as expected.” So an oil train derailing at the relatively slow speed of 25 mph should be “expected” to have breached cars resulting in fiery explosions.

Current regulations allow those tank cars to continue rolling on the track carrying volatile Bakken crude oil and ethanol until 2025 with no modifications.

Yet industry lobbying group the Railway Supply Institute (RSI) has now requested the Federal Railroad Administration to essentially allow these jacketed CPC-1232 tank cars to remain on the tracks for decades beyond 2025.

This was just one of the troubling facts that came to light at the National Transportation Safety Board (NTSB) roundtable on tank car safety on July 13th, and perhaps the one of greatest concern to anyone living in an oil train blast zone like Mosier, Oregon.

Just Re-Stencil It and Call It a DOT 117

One of the biggest risks with Bakken oil train accidents is that often the only way to deal with the fires is to let them burn themselves out. This can result in full tank cars becoming engulfed in flames for hours or days in what is known as a pool fire. This can lead to a “thermal tear” in the tank and the signature mushroom cloud of fire so often seen with these derailments.

The new regulations address this issue by requiring tank cars to have a layer of ceramic insulation covering the entire tank car to prevent the oil from heating up to the point of creating a thermal tear (ceramic shown in pink in the image below.)


Image credit: NTSB

However, the RSI has requested the FRA to allow the existing jacketed CPC-1232 cars, like the ones in the Mosier accident, to not require the ceramic thermal protection.

The industry’s argument is that the current fiberglass insulation on the CPC-1232 is sufficient protection. However, the fact that the fiberglass insulation was not designed to protect the contents of a tank car from fire does not seem to bother the RSI.

At the same time the RSI is arguing against thermal protection for CPC-1232s, the RSI has helpful videos on its website explaining the new safety features for DOT-117 tank cars — including “thermal protection.”

The NTSB’s Robert Sumwalt summed up what this request would mean in one simple statement at the July 13 round table event saying, “the same type of cars as in Mosier can be re-stenciled as DOT-117R with nothing more than a new bottom outlet valve.” [R stands for retrofit.]

So, they are essentially asking to paint over the CPC-1232 label on the tank cars with a DOT-117 while doing nothing more than changing the bottom outlet valve. Which means we should expect many more accidents like Mosier in the future since most of these CPC-1232 cars are only a few years old and they have an expected working life of 30-40 years.

As Robert Sumwalt said in his opening statement explaining why we should expect many more fiery oil train derailments with the existing tank car fleet, “just do the math.”

Industry Arguments Laughable If Not For the Consequences

Would you believe that one of the arguments made at the roundtable in favor of not requiring thermal protection on these cars was that the oil itself acts as a heat sink? Which is true. Until the point where the oil absorbs so much heat from the fire that the tank car explodes.

However, the reason this argument is given credibility is that the regulations only require a tank car to endure sitting in a pool fire for 100 minutes without exploding. Forget the fact that many of the Bakken oil train accidents have involved fires that burned for days.

This 100-minute limit was the same reasoning used to justify the fiberglass insulation on the current jacketed CPC-1232 as offering sufficient protection, as per the industry request. Which led to the following exchange between the NTSB’s Sumwalt and RSI representative John Byrne.

Byrne: “In our own modeling the fiberglass insulation system met the federal requirement for thermal protection.”

Sumwalt: “But in reality in the fiberglass situation, doesn’t the fiberglass all just melt… doesn’t it also melt and all end up pooling down in the bottom in the void between the blanket and the shell?”

Byrne: “Basically yes…but at the same time, that whole system acts as a thermal protection system in that it meets the requirement based on the federal law.”

Sumwalt: “Ok, thanks. So it meets the requirements.”

So, along with the oil itself being offered as adequate thermal protection, we also get fiberglass that melts in a fire being offered as protection for anyone in the blast zone.

So what did the regulators have to say about this absurd argument?

FRA’s Karl Alexy made it clear that “industry” concerns were receiving serious consideration saying, “we’re not taking it lightly, we understand what it means to industry… be certain that we are taking this very seriously.”

Well, we do understand what it means to the industry. Adding ceramic thermal protection would cut into profits. And one thing that was made clear repeatedly during the day’s discussion was that this was all about the money and that safety was only for people worried about “risk.”

As usual when there is a discussion about oil train safety, the oil industry lobbying group the American Petroleum Institute had a seat at the table. API representative Susan Lemieux cut to the heart of the issue with some actual honesty.

“In the industry we don’t see transportation as a risk, it is just a function of business.”

Why try to improve the situation when you don’t see any risk?

The FRA and the Pipeline and Hazardous Materials Safety Administration have informed DeSmog that they will issue a formal response to the industry’s request to allow the fiberglass to qualify as thermal protection in the near future.

The Ground Rules - Profits Over Safety

In the above slide shown of the DOT-117, there is one other important thing to note. The shells on those tank cars are 9/16th of an inch thick. The shells of the jacketed CPC-1232 are 7/16th of an inch thick. This difference has safety implications as the thinner shells rupture more easily.  The RSI points out this fact in a video on its website about the advantages of the thicker shells on the DOT-117 which they say are “less prone to puncture.”

But the more important difference, as we have pointed out repeatedly at DeSmog, is that safer car designs are heavier, which means they can transport less oil per car. That lower capacity again cuts into profits. This point was made by ExxonMobil in a slide they presented to regulators arguing against thicker tank shells.

While Exxon was not at the roundtable, plenty of oil and rail industry representatives were, and they made this point very clear.

Gabe Claypool, President of oil train operators Dakota Plains, explained why it made economic sense to use CPC-1232s over DOT-117s.

“A lot of it’s economics as well…we were just having a conversation around the sizing of the car, the 1232 car type is very much in abundance and it is also a larger car. In the current category of still trying to be profitable, if I can get that extra volume in a larger car that is still regulatorally [sic] compliant, they’re [sic] gonna stick with that.”

Richard Kloster of rail consulting firm Alltranstek was one of the more vocal participants during the roundtable and he repeatedly made points about the economics of retrofitting the CPC-1232 over buying the new DOT-117 saying, “The retrofit is always going to win economically.”

Kloster also made it clear where the industry put its priorities when it came to safety versus profit saying, “There has got to be a balance between safety and the economic viability of moving these products by rail” and that there were a “lot of cases, you know, where economics wins all the time but risk trumps economics in some cases.”

Economics wins all the time.

There was one representative from labor at the roundtable who did not offer a comment until the final closing segment, but he also shared the reality of what was driving the decisionmaking when he discussed the need for safety but stated, “I know it’s about money.”

ExxonMobil Wins Again

So, in the end, ExxonMobil and the oil industry have won again. Watching this roundtable and the many congressional hearings and previous NTSB events in the past few years and seeing the lack of progress on real safety improvements, it almost seems like this all was orchestrated from the start.

In the years leading up to the latest tank car rulemaking, the industry essentially ordered a whole new fleet of CPC-1232 cars which they are currently using. The CPC-1232 cars have the thinner tank shells which makes them more prone to puncture and also more profitable. And they are ok to use, unchanged, until 2025. If the industry request is approved, those cars will just need new bottom outlet valves after 2025.

Regardless, they will always have the thinner tank shells, like Exxon wanted.

At the end of the July 13 event, Robert Sumwalt made an interesting statement. He said, “some of us met yesterday to go over the ground rules.”

The meeting where they went over the ground rules was not open to the public or media. If one were to hazard a guess as to what the first and foremost ground rule set was, it would be a safe bet to posit it was that “economics wins all the time.”

Blog Image Credit: Dawn Faught via NTSB

 

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Railway Age Magazine: The importance of little accidents

Repost from Railway Age Magazine
[Editor: At every turn, when an article mentions the North Dakota requirement for crude oil “stabilization,” I must remind the reader that North Dakota does NOT require crude oil “conditioning” as is required in Texas.  Conditioning would make the oil much safer.  – RS]

The importance of little accidents

By  David Schanoes, July 20, 2015 
You know the kind I mean: the ones where nobody gets hurt, nothing blows up, and nobody shows up, except you.

You get there. There’s no press, no NTSB “go team,” no competing reflectorized vests with initials like FBI, DHS, ATF, PHMSA, DEA, FRA, NTSB. No senators expressing shock and dismay and demanding that heads will—as the cameras do—roll.

There’s just you. The wreckmaster is on the way. The track supervisor too. The local fire department is there, and the cops. Everybody is thinking, “What a mess.” And looking at you.

And you know what? It’s better this way. We might actually be able to learn something. Less noise, more signal.

We’ve had a couple of the little ones recently.

First, on July 16, a BNSF unit crude oil train derailed 22 cars near Culbertson, Mont. Three tank cars ruptured, spilling approximately 35,000 gallons of crude. No fire, no explosion, no headlines, none of that stuff I listed above and that I would be happy to never list again.

Now, if I were BNSF, or the NTSB, or FRA, or DOT, or PHMSA, I’d be very interested in this no-fire, no-explosion derailment. BNSF hasn’t identified the source of the crude, but since the train was loaded by Savage Bakken Oil Services in Trenton, N. Dak., I think it’s safe to assume that the contents of this train was Bakken crude.

Last April, North Dakota required that Bakken crude be stabilized (reducing its volatility) prior to transport. So I’d be very interested in knowing if this train was transporting the stabilized crude.

Even more recently, USDOT has established new specs for tank cars handling unpressurized flammable materials, replacing DOT 111 and 111A specs for those cars with the new 117 classification. Another “interim” car, CPC 1232, is currently in service.

So I’d be very interested in knowing if the three cars that ruptured were 111, 111A, or 1232 models. ’d also be very interested in knowing if other cars that did derail but did not rupture are 111, 111A, or 1232 models.

DOT has also stipulated that CBR trains be fitted for ECP, electro-pneumatic braking, meaning of course, that the CBR tank cars must be fitted for ECP braking.

ECP braking is not a new concept. It’s been around for at least, what, 60 years? Instead of using changes in air pressure traveling throughout the entire length of the train to signal for the application of brakes, electro-pneumatic braking sends an electronic signal to receivers on each car’s air brake apparatus to initiate braking. “Lag time” is virtually eliminated; brakes set up simultaneously, smoothly, with dramatic reduction of in-train forces. Great idea—for passenger trains, where all the cars share common electrical connections with the locomotive.

ECP may be a great idea for freight trains. It’s definitely an expensive one, as the 90,000 or so tank cars currently more or less captured in hazmat/CBR transport have no electrical connections to anything.

So I’d be interested in knowing, with ECP braking, how many of the 22 cars that did derail would not have derailed. I’d be interested in knowing if the three tank cars that ruptured after derailing (a) wouldn’t have derailed to begin with and (b) would not have been subject to “rupture forces” due to additional impact from following cars if ECP braking had been installed.

Sounds like a job for TTCI, if you ask me.

And we had a second little accident on Friday, July 17, 2015, right here in New York City. Initially reported as a “sideswipe,” it was in fact a collision between two LIRR passenger trains. A westbound train was stopped at an interlocking signal at HALL. An eastbound train violated a signal displaying “stop,” and proceeded to collide with the stopped train. You can see a summary of the accident on, where else? YouTube. The summary begins around 3:31 into the video.

Again, no injuries, no fires, no explosions. But a lot to learn, because at 13:50 into the video, the president of the LIRR says that because this stop signal violation and resulting collision took place in the interlocking, “PTC isn’t going to help.”

This is startling news, and I hope it’s just a misunderstanding, as LIRR’s approved PTCIP (PTC Implementation Plan), available in public docket FRA-2010-0031, states:

The LIRR PTC system will enforce a stop at every Home Signal displaying a Stop aspect. Transponders provide the onboard computer with the information that the train is approaching a Home Signal and the distance to that Home Signal. The onboard system uses this data to generate a speed profile with a 0 mph target speed at a target point in approach to the signal. . . .

Now, back in the day, “home signals” meant the extreme outer opposing signals of an interlocking. Signals within the interlocking might be referred to as intermediate signals, although the requirements for complying with a stop indication from such a signal within the interlocking limits was exactly the same as that for the home signal.

The distinction between “home” and “intermediate” interlocking signals has operating significance only in defining the geographical boundaries of the interlocking in which all the interlocking rules apply, including stop at every signal displaying stop.

In addition 49 CFR 236.1005(a)(1)(i) (“Requirements for Positive Train Control systems) requires at interlockings where PTC routes intersect that PTC enforce “the stop on all routes.”

It’s the little things that mean the most, sometimes, so I’m looking forward to the little answers.

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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.

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