Tag Archives: Lynchburg VA

Crude Oil Rail Shipments Sabotage Freedom of Information Act

Repost from Forbes

Crude Oil Rail Shipments Sabotage Freedom of Information Act

By James Conca, May 5, 2015 @ 4:40 AM

New regulations from the U.S. Department of Transportation declare that details about crude oil rail shipments are exempt from public disclosure (Tri-City Herald).

This ends DOT’s existing regulations that required railroads to share with state officials, and the public, information about shipping large volumes of dangerous crude oil by rail. These disclosure requirements were put in place last year after a Bakken crude oil train-wreck in Lynchburg, Virginia.

Now, railroads will only have to share this information with emergency responders who will be mum. And the information will be exempt from the Freedom of Information Act as well as public records and state disclosure laws (SSI).

Better response, slower speeds and safer rail cars are needed to stem the rise of crude oil rail car accidents. Transparency would be nice, too, although that took a real hit last week with the new regulations from the Department of Transportation. Source: National Transportation Safety Board

True, the new regulations do cover critical oil train operations in terms of “speed restrictions, braking systems, and routing, and adopts safety improvements in tank car design standards and a sampling and classification program for unrefined petroleum-based products.” All good things long needed to address the growing dangers in rail transport of crude.

But after the Lynchburg derailment and inferno, the feds required railroads to notify emergency response agencies if shipments over a million gallons crude oil were going through their states. Railroads complied, but asked states to keep that information confidential.

Most states refused (McClatchy).

Since then, the industry argued that details about the crude oil rail shipments were sensitive from a security and customer protection standpoint and should not be available to the public, although it’s more likely they just don’t want to get hassled by a public trying to restrict shipments from going through their towns, across their rivers and along their coasts.

At first, the Federal Railroad Administration disagreed with the industry (Federal Register), saying that information about the shipments was not sensitive from any standpoint.

But they seemed to have quietly caved to industry pressure.

The twin forces of the new North American energy boom and the lack of pipeline capacity have combined to suddenly and dramatically increase crude oil shipping by rail. The energy boom is not going away, and the XL pipeline is on hold indefinitely, so the increase in rail will continue.

Crude is a nasty material, very destructive when it spills into the environment, and very toxic when it contacts humans or animals. It’s not even useful for energy, or anything else, until it’s chemically processed, or refined, into suitable products like naphtha, gasoline, heating oil, kerosene, asphaltics, mineral spirits, natural gas liquids, and a host of other products.

Thus, the need to get it to the refineries that can handle it, mostly along the coasts. Without new pipelines, it’s going to go by rail.

But fiery derailments of crude oil trains in North America are becoming almost frequent, along with many simple spills (dot111). Every minute of every day, shipments of two million gallons of crude are traveling over a thousand miles in hundred-tank-car trains (PHMSA.gov), delivering as much oil as is expected by the Keystone XL Pipeline.

A clear example of this danger came on July 6, 2013, when a train carrying 72 tank cars, and over 2,000,000 gallons of Bakken oil shale crude from the Williston Basin of North Dakota, derailed in the small town of Lac-Megantic, Quebec. Much of the town was destroyed and forty-seven people were killed.

According to billionaire Warren Buffett, these new federal standards for shipping crude oil by rail will definitely slow-up the industry, and as CEO of Berkshire Hathaway’s BNSF railroad and its Union Tank Car business, he should know (Tri-City Herald).

Buffett says railroads are critical for transporting potentially dangerous products across the United States, and he thinks it makes more sense for railroads to haul them instead of trucks or pipelines, a controversial stand given the historical data (Pick Your Poison).

So what is the safest way to move crude oil?

The volume of oil spilled per billion-ton-miles for each mode of transport - truck worse than pipeline worse than rail worse than boat. But it depends upon your definition of worse. Source: Congressional Research Service R43390

The short answer is: truck worse than train worse than pipeline worse than boat (Oilprice.com). But that’s only for human death and property destruction. For the amount of oil spilled per billion-ton-miles, it’s truck worse than pipeline worse than rail worse than boat (Congressional Research Service). Even more different is for environmental impact, where it’s boat worse than pipeline worse than truck worse than rail.

But the accident frequency trend is against rail. Oil trains are getting bigger and towing more and more tanker cars. From 1975 to 2012, trains were short and spills were rare and small, with about half of those years having no spills above a few gallons (EarthJustice.org). Then came 2013, in which more crude oil was spilled in U.S. rail incidents than was spilled in the previous thirty-seven years.

The danger seems to be centered in the rail tank cars themselves (The Coming Oil Train Wreck). If these new regulations makes the rail cars safer, makes them go slower and routes them around environmentally sensitive or vulnerable areas, that’s wonderful.

But I don’t see why we aren’t allowed to know when the crude oil trains are near us.

10 Recent Oil Train Crashes in the US and Canada

Repost from ABC News
[Editor:  It’s good to find a compilation of these catastrophic oil train accidents all in one place.  See also a listing on SafeBenicia.org, somewhat out of date but with more detail and photos.  – RS]

Recent Oil Train Crashes in the US and Canada

By The Associated Press, May 1, 2015, 3:28 PM ET

Sweeping regulations to boost the safety of trains transporting crude oil, ethanol and other flammable liquids were announced Friday by U.S. and Canadian officials. The long-awaited regulations are a response to a series of oil train accidents in both countries over the last few years that have resulted in spectacular fires that burned for days.

Here are some of those accidents:

— July 5, 2013: A runaway Montreal, Maine & Atlantic Railway train that had been left unattended derailed, spilling oil and catching fire inside the town of Lac-Megantic in Quebec. Forty-seven people were killed and 30 buildings burned in the town’s center. About 1.6 million gallons of oil was spilled. The oil was being transported from the Bakken region of North Dakota, the heart of an oil fracking boom, to a refinery in Canada.

— Nov. 8, 2013: An oil train from North Dakota derailed and exploded near Aliceville, Alabama. There were no deaths but an estimated 749,000 gallons of oil spilled from 26 tanker cars.

— Dec. 30, 2013: A fire engulfed tank cars loaded with oil on a Burlington Northern-Santa Fe train after a collision about a mile from Casselton, North Dakota. No one was injured, but more than 2,000 residents were evacuated as emergency responders struggled with the intense fire.

— Jan. 7, 2014: A 122-car Canadian National Railway train derailed in New Brunswick, Canada. Three cars containing propane and one car transporting crude oil from Western Canada exploded after the derailment, creating intense fires that burned for days. About 150 residents of nearby Plaster Rock were evacuated.

— Jan. 20, 2014: Seven CSX train cars, six of them containing oil from the Bakken region, derailed on a bridge over the Schuylkill River in Philadelphia. The bridge is near the University of Pennsylvania, a highway and three hospitals. No oil was spilled and no one was injured. The train from Chicago was more than 100 cars long.

— April 30, 2014: Fifteen cars of a crude oil train derail in Lynchburg, Virginia, near a railside eatery and a pedestrian waterfront, sending flames and black plumes of smoke into the air. Nearly 30,000 gallons of oil were spilled into the James River.

— Feb. 14, 2015: A 100-car Canadian National Railway train hauling crude oil and petroleum distillates derailed in a remote part of Ontario, Canada. The blaze it ignited burned for days.

— Feb. 16, 2015: A 109-car CSX oil train derailed and caught fire near Mount Carbon, West Virginia, leaking oil into a Kanawha River tributary and burning a house to its foundation. The blaze burned for most of week.

— March 10, 2015: 21 cars of a 105-car Burlington Northern-Santa Fe train hauling oil from the Bakken region of North Dakota derailed about 3 miles outside Galena, Illinois, a town of about 3,000 in the state’s northwest corner.

— March 7, 2015: A 94-car Canadian National Railway crude oil train derailed about 3 miles outside the Northern Ontario town of Gogama. The resulting fire destroyed a bridge. The accident was only 23 miles from the Feb. 14th derailment.

New oil-train safety rules will put public back in the dark

Repost from the Bellingham Herald

New oil-train safety rules will put public back in the dark

By Curtis Tate, McClatchy Washington Bureau, May 1, 2015

WASHINGTON — Details about rail shipments of crude oil and ethanol will be made exempt from public disclosure under new regulations announced by the U.S. Department of Transportation on Friday.

The department will end its requirement, put in place a year ago, that required railroads to share information about large volumes of Bakken crude oil with state officials.

Instead, railroads will share information directly with emergency responders, but it will be exempt from the Freedom of Information Act and state public records laws, the way other hazardous materials such as chlorine and anhydrous ammonia are currently protected.

After a CSX train carrying Bakken crude oil derailed and caught fire in Lynchburg, Va., on April 30 last year, federal regulators required railroads to notify emergency response agencies of shipments of 1 million gallons or more of Bakken crude oil through their states.

The railroads complied, but asked states to sign agreements to keep the information confidential. Some agreed, but most refused, citing a conflict with their open records laws.

Using FOIA and state public records laws, McClatchy last year obtained full or partial data on Bakken rail shipments from 24 states. Another five states denied McClatchy’s requests.

CSX and Norfolk Southern, the dominant eastern railroads, sued Maryland to block the state from releasing its information to McClatchy. A trial is scheduled for next month.

McClatchy, however, was able to obtain some of the information about the Maryland shipments by going to Amtrak. Norfolk Southern uses a portion of the passenger railroad’s Northeast Corridor for its crude oil trains.

Last fall, the rail industry’s leading trade groups quietly asked the Transportation Department to drop the requirement.

In pretrial documents in the Maryland lawsuit, the railroads’ lawyers maintain that disclosure of the information – including the routes the trains take and the counties through which they pass – could compromise security, erode the companies’ competitive edge and harm their customers.

As of October, the Federal Railroad Administration disagreed. It said that information about the Bakken shipments was neither security nor commercially sensitive and was not exempt from public release. It also said it would continue the reporting requirement.

But on page 242 of the 395-page final rule the department published on Friday, it appeared that the railroads got their wish.

Starting next year, emergency responders will have access to information about shipments of all types of crude oil, not just Bakken, ethanol and other flammable liquids. The volume threshold will also be lowered to 20 or more cars of flammable liquid in a continuous block, or 35 or more cars dispersed throughout a train.

The shipments, however, will be classified as “security sensitive” and details about them shielded from the public.

“Under this approach,” the regulation states, “the transportation of crude oil by rail can…avoid the negative security and business implications of widespread public disclosure of routing and volume data.”

Sen. Schumer: Urgent need for more railroad bridge inspectors

Repost from The Daily Freeman, Kingston NY

Sen. Schumer: Urgent need for more railroad bridge inspectors

By Kyle Hughes, NYSNYS News, 04/09/15, 9:26 PM EDT

ALBANY >> Senator Charles Schumer said Thursday there’s an urgent need for more federal railroad bridge inspectors, saying the combination of old infrastructure and oil trains is an accident waiting to happen.

Schumer said there are 3,000 rail bridges in New York, most of them privately owned, and only one federal inspector assigned to monitor them for safety purposes. The inspector is also responsible for overseeing rail bridges in 13 other states.

“New York as you know has some of the oldest and most frequently used infrastructure in the nation hands down and that is particularly true when it comes to rail,” he told reporters in a conference call. “Part of the reason is we are an older state. Another reason is New York has always been a vital geographic link between the Midwest and the East Coast.”

Schumer said that adding $1 million to the Federal Railroad Administration budget would double the number of available inspectors. He said public roadway bridges in New York must be inspected every other year, and private rail bridges must be inspected by their owners annually, subject to federal oversight.

But he said the FRA doesn’t have the resources to properly oversee the rail system.

“It’s not that expensive a price for safety,” Schumer said. “The bottom line we all know is simple: We should not be waiting for a derailment or a horrific collapse to do something to make sure our train bridges are safe, privately owned or otherwise.”

He said 2,158 of the 3,000 rail bridges are in upstate New York, including 281 in the Capital Region, 261 in Central New York and 307 in the Hudson Valley. Even in the sparsely populated northern region of the state, there are 144 privately owned rail bridges.

“For years agriculture states in the Midwest have been transporting their products on New York rail lines, but recently, of course, oil producing states like North Dakota have been shipping millions of gallons of crude oil across New York to the east Coast and Canadian refineries as extraction has surged from the Bakken formation,” Schumer said.

He said the shipments and the wear and tear on New York rail infrastructure “should caution us to make rail infrastructure safety a priority. Especially our rail bridges which are the most vulnerable to deterioration and present the greatest risk.”

“So far we’ve been lucky … [but] it’s very likely many of the bridges are deteriorating and some of them may be deteriorating fast.”

He said bridge failures and derailments could occur, and cited the accidents in Lac-Mégantic, Quebec, in July 2013 that killed 47 people and a more recent explosive oil train disaster in Lynchburg, VA.

Schumer also released a letter Thursday to the FRA pledging support for increasing funding for rail safety. The letter said there are an estimated 70,000-100,000 privately owned rail bridges in the U.S.

Oil train traffic has increased annually in New York each year as production in the western U.S. and Canada has boomed. Experts say the U.S. in on track to replace Saudia Arabia and Russia as the world’s biggest oil producer by 2017.

Besides oil, other dangerous substances are shipped by rail, including liquefied natural gas and ethanol. A 2009 derailment of 13 ethanol cars in Illinois killed one person and caused 600 homes to be evacuated and $8 million in damage.