Tag Archives: Pipeline and Hazardous Material Safety Administration (PHMSA)

NY TIMES / AP: Slow Progress Seen on Faulty Rail Cars

Repost from the New York Times (AP)

Upgrades to Unsafe Tank Cars Could Take 15 Years, Board Says

By Matthew Brown, Associated Press, July 13, 2016, 2:30 A.M. E.D.T.
Oil Train Accidents
FILE–In this June 3, 2016, file frame from video provided by KGW-TV, smoke billows from a Union Pacific train that derailed near Mosier, Ore., in the scenic Columbia River Gorge. U.S. safety officials say they’ve seen slow progress in efforts to upgrade or replace tens of thousands of rupture-prone rail cars used to transport oil and ethanol, despite a string of fiery derailments. (KGW-TV via AP, file)

BILLINGS, Mont. — Accident-prone tank cars used to haul crude oil and ethanol by rail could remain in service for another 15 years under federal rules that allow companies to phase in upgrades to the aging fleet, according to the U.S. National Transportation Safety Board.

Transportation officials and railroad representatives have touted the rules as a key piece of their efforts to stave off future disasters, following a string of fiery derailments and major spills that raised concerns about the crude-by-rail industry.

Yet without mandatory, periodic benchmarks for meeting the requirements, the decision to upgrade to safer tank car designs “is left entirely to tank car fleet owners, and may be driven by market factor influences, not safety improvements,” NTSB Chairman Christopher Hart said in a letter Tuesday to the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration.

Tom Simpson with the Railway Supply Institute, which represents tank car manufacturers and owners, said the industry is committed to putting stronger cars in place. Members of the group will meet deadlines for replacing or upgrading the cars, he said, noting that demand for rail cars has eased after crude-by-rail shipments decreased over the past two years in response to lower oil prices.

“The need to modify or install new cars isn’t as urgent as when the rule was issued,” Simpson said.

In recent years, accidents involving the older cars have occurred in Oregon, Montana, North Dakota, Illinois, West Virginia and Canada.

The most notable was in Lac-Megantic, Quebec, where 47 people were killed when a runaway oil train derailed in 2013. During the most recent accident last month in Oregon, 42,000 gallons of crude oil spilled, sparking a massive fire that burned for 14 hours near the small town of Mosier in the Columbia River Gorge.

Cars built before the rule was enacted do not have to be fully replaced until 2029, although most would have to come off the tracks sooner.

Just over 10,300 stronger tank cars mandated by the new rules are available for service, according to figures obtained by The Associated Press from the Association of American Railroads.

That’s equivalent to roughly 20 percent of the 51,500 tank cars used to haul crude and ethanol during the first quarter of 2016.

Transportation Department Press Secretary Clark Pettig said in response to the NTSB’s criticism that the schedule to retrofit older cars was locked in by Congress in a transportation bill approved last year. The Congressional deadline represents “the absolute last moment” to meet the new standards, Pettig said.

“We agree with NTSB that industry should work to beat those deadlines,” he said.

A Wednesday meeting was planned in Washington, D.C., where government and industry officials were set to update the safety board on progress addressing the issue.

Safety board member Robert Sumwalt told the Associated Press that federal regulators need to set milestones to hold the industry accountable.

“There’s been 28 accidents over the past 10 years. That’s almost three accidents a year,” Sumwalt said. “Unfortunately, history shows we probably will have more accidents involving flammable liquids.”

A bill from U.S. Sen. Ron Wyden of Oregon and other Democratic lawmakers would offer tax credits for companies that upgrade their cars during the next several years.

“Communities near train tracks, like Mosier, Oregon, must be confident that companies are using the safest tank cars possible,” Wyden said.

The railroad association said only 700 of the least resilient model of the older-style tank cars remain in service. Most of the cars in current use have at least some improvements, such as shields at either end of the car to help prevent punctures during derailments.

Transportation officials cautioned, however, that thousands of idled “legacy cars” could quickly come back online if oil prices rise and shipment volumes rebound.

Most tank cars are owned or leased by companies that ship fuel by rail, not the railroads themselves.

“Every tank car carrying crude or ethanol needs to be upgraded or replaced,” said railroad association spokesman Ed Greenberg.

How industrial hygienists anticipate, recognize, and respond to rail emergencies

From Occupational Health & Safety OHSonline
[Editor:   Most significant: “The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration recently released a web-accessible Transportation Rail Incident Preparedness and Response training resource.”  – RS

How Industrial Hygienists Assist in Rail Emergencies

Speaking at an AIHce 2016 session, several experts said industrial hygienists are well suited to anticipate, recognize, and respond to the hazards and to control the risks using science-based methods.
By Jerry Laws, Jul 01, 2016

All hazardous material railcarsIndustrial hygienists are well prepared to perform an important role during the response to a railroad hazardous materials emergency, several experienced experts said during an AIHce 2016 session about rail crude oil spills on May 24. Risk assessment, data analysis, and plan preparation (such as the health and safety plan, respiratory protection plan, and air monitoring plan) are important early in the response to such emergency incidents, and CIHs are equipped to do all of these, they stressed.

“With our knowledge, skills, and abilities, the training and education that industrial hygienists get, we’re well prepared” to interpret data on the scope and nature of a hazmat spill following a derailment, said Billy Bullock, CIH, CSP, FAIHA, director of industrial hygiene with CSX Transportation. He mentioned several new roles the industrial hygienist can manage in such a situation: health and safety plan preparation, town hall meetings to inform the public, preparing news releases for area news media, interpreting data from air monitoring, working with the local health department, and serving as the liaison with area hospitals, which can improve their treatment of patients affected by the spill if they understand where exposures really are happening and where a gas plume from the spilled crude is moving, he said.

Bullock said the industrial hygienist’s role is primarily in evaluating chemical exposures:

    • assessing the risk for inhalation hazards
    • supporting operational decisions
    • gathering valid scientific information
    • managing data and ensuring data quality reporting and recordkeeping

“All of these things we do as part of our day job transfer to an emergency situation very, very well,” he said, explaining that it’s very important to gain the trust of local responders and officials, including fire department leaders, hazardous materials response teams, the health department, and city officials.

Another speaker, Laura Weems, CIH, CSP, CHMM, with the U.S. Army Corps of Engineers in Little Rock, Ark., agreed, saying industrial hygienists are well suited to anticipate, recognize, and respond to hazards and to control risks using science-based methods.

Cleanup Workers Face Inhalation, Fire, and Heat Stress Hazards

Scott Skelton, MS, CIH, senior industrial hygienist for CTEH, the Center for Toxicology and Environmental Health, LLC, and other speakers explained that the hazard assessment following a hazmat derailment begins by identifying the type of crude oil that has spilled. It’s critical to know its flammability and the status of the oil’s containment, he said, and if there is an active fire, officials in command of the response will have to decide whether cleanup personnel are wearing flame-resistant clothing or chemical-protective apparel and will default to protecting against the greater hazard, he explained.

Benzene exposure—a dermal and inhalation hazard—is a concern in the early hours of a crude oil spill following the derailment, Skelton said. He discussed a 2015 test spill into a tank measuring 100 feet by 65 feet, where the benzene was completely lost and other lighter compounds also were lost 24 hours after the spill occurred. But that type of large surface area for a crude oil spill is not typical at actual derailments, he said. Still, he said the inhalation risk for cleanup workers is of most concern during the initial 24 hours of a spill.

“It’s my opinion that heat stress is the most dangerous aspect,” Skelton said. “With these [cleanup] guys, heat stress risk is extraordinary.” The American Petroleum Institute (API)’s report on PPE use by workers involved in the cleanup of the Deepwater Horizon oil spill confirmed this, he added.

Patrick Brady, CIH, CSP, general director of hazardous materials safety for BNSF Railway Company, pointed out that crude oil spills from derailments are rare: 99.998 percent of the 1.7 million hazardous materials shipments moved by the railroad during 2015 were completed without an accidental release, he said.

Brady said the railroad pre-positions 253 first responders along with needed cleanup equipment at 60 locations along its rail network. “The best case planning for us is we don’t rely on any local resources to be there at all,” he said, so BNSF hires hazmat contractors for crude oil derailment response and brings in consultants from CTEH to interpret monitoring data. (Responding to a question from someone in the session’s audience, he touted the AskRail™ app, a tool that gives emergency responders information about the hazardous materials inside a railcar or the contents being transported on an entire train. http://www.askrail.us/)

Dyron Hamlin, MS, PE, a chemical engineer with GHD, said hydrogen sulfide is the primary acute hazard faced by responders after a spill occurs. While an H2S concentration below 50 ppm is irritating, 50-100 ppm causes loss of the individual’s sense of smell, and 100 ppm is immediately dangerous to life and health. If the crude oil in a railcar has 1 percent sulfur in the liquid, GHD personnel typically measure 300 ppm of H2S in the headspace inside the railcar, Hamlin said.

Echoing Skelton’s comments, Hamlin said API found that 50 percent of the mass of typical crude oils is lost in the first 48 hours following a spill; following the Deepwater Horizon spill, the volatile organic compounds measured in the air during the response were lower than expected because of water dissolution in the Gulf of Mexico, he said.

He cautioned the audience members to keep in mind that all hazardous material railcars’ contents are mixtures, which complicates the task of calculating boiling points and other factors important to responders and cleanup workers.

DOT Helps Out PHMSA Offers Rail Incident Training Resource

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration recently released a web-accessible Transportation Rail Incident Preparedness and Response training resource, saying it gives emergency responders critical information and best practices related to rail incidents involving Hazard Class 3 Flammable Liquids, such as crude oil and ethanol. It is off-the-shelf training that is available online and can be used anywhere throughout the country.

“TRIPR is the result of a concerted effort between federal agencies and rail safety stakeholders to improve emergency response organizations’ ability to prepare for and respond to rail incidents involving a release of flammable liquids like crude oil or ethanol,” said PHMSA Administrator Marie Therese Dominguez. “We are committed to safety and providing responders with flexible, cost-effective training and resources that help them respond to hazmat incidents safely.” The resource was developed in conjunction with other public safety agencies, such as the Federal Emergency Management Agency, the U.S. Coast Guard, and EPA, in order to prepare first responders to safely manage incidents involving flammable liquids.

“Some of the most important actions we have taken during the last two years to increase the safety of transporting crude oil by rail have been providing more resources, better information, and quality training for first responders. This web-based training is another tool to help first responders in communities large and small, urban and rural, quickly and effectively respond if a derailment happens,” said FRA Administrator Sarah E. Feinberg.

The TRIPR curriculum focuses on key hazmat response functions and incorporates three animated training scenarios and introductory videos to help instructors facilitate tabletop discussions. PHMSA announced that it plans to host a series of open houses nationwide to promote the curriculum. Visit http://dothazmat.vividlms.com/tools.asp to download the TRIPR materials.

About the Author: Jerry Laws is Editor of Occupational Health & Safety magazine, which is owned by 1105 Media Inc.

KQED: Pipeline at Center of Altamont Pass Oil Spill Also Ruptured Last September

Repost from KQED
[Editor: A colleague reports that “The Altomont Pass pipeline brings heavy crude oil from southern San Joaquin Valley oilfields to some of our Bay Area refineries.”  – RS]

Pipeline at Center of Altamont Pass Oil Spill Also Ruptured Last September

By Ted Goldberg, May 24, 2016

California’s fire marshal has launched an investigation into an oil pipeline rupture that spilled at least 20,000 gallons of crude near Tracy over the weekend — eight months after the same pipeline had a break in a similar location.

Shell Pipeline crews are still cleaning up from the most recent spill near Interstate 580 and the border between Alameda and San Joaquin counties four days after the 24-inch diameter line broke.

Crews with the oil giant were able to complete repairs on the pipe on Monday, according to a Shell official.

The pipeline stretches from Coalinga in Fresno County to Martinez.

The rupture on the line was first reported at 3 a.m. on Friday, said Lisa Medina, an environmental specialist at the San Joaquin County Environmental Health Department.

Shell discovered a loss of pressure in the pipeline, filed a report with the Governor’s Office of Emergency Services and then shut the line down.

San Joaquin County officials believe the spill covered an area 250 feet long by 40 feet wide, Medina said in an interview.

A preliminary test of the pipeline found a split of approximately 18 to 20 inches in length, said company spokesman Ray Fisher in an email.

Fisher also confirmed that the same pipeline ruptured and caused an oil spill in the same vicinity, near West Patterson Pass Road, last Sept. 17.

Here’s a link to Shell’s report on that incident that found the rupture spilled 21,000 gallons of oil, about the same amount as Friday’s break.

Fisher said Shell inspects its pipelines every three years, and the company conducted an inspection of the line after the September incident.

He added that the line has no history of corrosion problems.

It’s unclear what caused the most recent spill.

On Tuesday, state fire officials confirmed that the Office of the State Fire Marshal had opened a probe into the pipeline rupture.

Federal regulators are not investigating the break, but are providing technical support to the state, said an official with the Pipeline and Hazardous Materials Safety Administration.

The spill prompted concerns from environmentalists.

Sierra Club representatives pointed out that the spill near the Altamont Pass came weeks after Shell spilled about 90,000 gallons of oil into the Gulf of Mexico and a year after a major spill involving another company’s pipeline on the Santa Barbara County coast.

“Sadly, it’s become undeniable that oil spills will remain the status quo if we continue our dependence on dirty fuels,” said the Sierra Club’s Lena Moffitt in a statement. “This is just Shell’s latest disaster and the company has done nothing to assuage fears that it can stop its reckless actions.”

“The environmental impacts could be very serious,” Patrick Sullivan, a spokesman for the Center for Biological Diversity, said in an interview. Sullivan said the spill could hurt birds and other animals in the area and could contaminate nearby groundwater.

State water regulators, though, say they’re not concerned the spill could affect water in the area.

“Given the location and the relatively limited extent of the spill, it is highly unlikely that the spill would affect underlying  groundwater and even more unlikely that it would impact any drinking water supplies,” said Miryam Baras, a spokeswoman for the State Water Resources Control Board, in an email.

Sullivan also questioned whether Shell’s statements on the size of the oil spill were correct.

“We don’t know how much oil has been spilled,” Sullivan said. “With previous pipeline spills the initial estimates have sometimes turned out to be wrong. They’ve turned out to be under-estimates.”

Fisher, the Shell spokesman, said the company had not revised its estimates.

Railroad Regulators Fail to Pursue Criminal Prosecution of Hazardous Cargo Safety Violations

Repost from Associated PressAllGov.com
[Editor:  Significant quote: “Although the agency processes hundreds of safety violations each year, it appears that not a single case has ever been referred for criminal investigation.”  See also Matt Krogh’s News Analysis: Inspector General Cites Failure of Federal Railroad Administration on Oil Train Safety.  – RS]

Inspector General Report: Rail Hazmat Safety Violations should be prosecuted

By Joan Lowy, Associated Press, February 28, 2016
Sarah Feinberg, Federal Railroad Administration administrator

WASHINGTON (AP) — Federal regulators are failing to refer serious safety violations involving freight rail shipments of crude oil and other hazardous cargo for criminal prosecution, and are going lightly on civil fines, according to a report released Friday by a government watchdog.

The Federal Railroad Administration routinely applies only modest civil penalties for hazardous materials safety violations, even though inspectors request penalties only for serious or repeated infractions, said the report by the Department of Transportation’s inspector general.

Instead, the agency’s attorneys have made it a priority to process penalties quickly and avoid legal challenges, the report said.

And, although the agency processes hundreds of safety violations each year, it appears that not a single case has ever been referred for criminal investigation, the report said. After examining a random sample of safety violations over five years, the inspector general’s office found 17 cases it said should have referred for criminal investigation.

Based on that sample, the inspector general’s office estimated 20 percent, or 227 out of 1,126 violations, may have warranted criminal referral. The agency’s attorneys told the watchdog that they didn’t make criminal referrals because they didn’t know the procedures for doing so, and they didn’t think it was part of their job.

“As a result, penalties have little deterrent effect, and criminal penalties aren’t being pursued,” wrote Mitchell Behm, assistant inspector general for surface transportation.

Concern about rail shipments of hazardous cargo has been heightened in recent years by a series of fiery oil train explosions in the U.S. and Canada, including one just across the border in Lac-Megantic, Quebec, that killed 47 people. More than 400,000 tank cars of oil are shipped across the country annually.

Rep. Peter DeFazio of Oregon, the senior Democrat on the House Transportation and Infrastructure Committee, said the report confirms “that the federal government has failed to provide the necessary oversight to protect communities across the country from serious accidents involving the rail transportation of hazardous materials.”

One case the report said should have been referred for criminal investigation involved a company that produced tank car valves that hadn’t been put through a required design approval process. The valves subsequently leaked hazardous liquids. In another case, a company may have deliberately failed to disclose that a shipment included radioactive containers.

Matt Lehner, an FRA spokesman, said most of the inspector general’s recommendations are being implemented. He noted that the agency collected $15 million in fines for violations in the 2015 federal budget year, a 12 percent increase over the previous year and the most in the agency’s history

The inspector general’s office also found that the agency doesn’t have a complete understanding of the risks of hazardous cargo shipments because the agency makes safety assessments by looking narrowly at operations in specific regions, not the nation as a whole.

The regional evaluations also don’t include an assessment of the risks of transporting highly volatile and hazardous materials like crude oil near cities and major population centers, the report said.

Without an accurate national assessment, the railroad administration can’t be sure that all the appropriate risk factors are being considered when deciding which operations are most in need of inspections, the report said.

The inspector general also faulted the agency’s complex records system, saying it makes difficult for inspectors to access safety information on rail operations outside their region. As a result, the railroad administration and a sister agency, the Pipeline and Hazardous Materials Safety Administration, don’t share critical and up-to-date information with safety inspectors and investigators in different regions throughout the country.