Tag Archives: Pipeline and Hazardous Materials Safety Administration

Bakken Crude, Crude By Rail, Derailment, DOT-111, Emergency Readiness & Response, Evacuation zone, Explosion, Federal Regulation (U.S.), First responder training, Insurance and liability, Let it burn, Oil stabilization, Rail routing, Tank car retirement, Volatility, Worst case scenario

From Washington state to D.C., fears of oil train risks on rise

Repost from The Missoulian
[Editor:  An interesting summary of recent developments on crude by rail safety.  – RS]

From Washington state to D.C., fears of oil train risks on rise

By Kim Briggeman, March 28, 2015 6:00 pm
Illinois oil train derailment involved safer tank cars
Smoke and flames erupt from the scene of a train derailment Thursday, March 5, 2015, near Galena, Ill. A BNSF Railway freight train loaded with crude oil derailed around 1:20 p.m. in a rural area where the Galena River meets the Mississippi, said Jo Daviess County Sheriff’s Sgt. Mike Moser. (AP Photo/Telegraph Herald, Jessica Reilly)

Exploding oil trains are a hot topic in the United States and Canada, spurred by a recent spate of accidents and a prediction by the U.S. Department of Transportation last year that there are many more to come – 10 a year over the next two decades.

The oil boom in North Dakota and insufficient pipeline capacity have put a record number of cars hauling crude on the tracks, each capable of carrying more than 30,000 gallons of highly combustible oil when fully loaded. For a 100-car train that’s 3 million gallons.

A sampling of recent developments:

• An association of Washington Fire Chiefs requested Burlington Northern Santa Fe Railway provide worst-case scenarios for potential crude oil train emergencies in selected areas of the state. They also want to see evidence of the levels of catastrophic insurance the railroad has purchased; comprehensive emergency response plans for specific locations in the state; and route analysis documentation and route selection results.

“Normally, we would be able to assess the hazard through right-to-know and other public documents,” a letter to BNSF said. “However, your industry has sought and gained exemptions to these sunshine laws. This exemption does not mean that your industry is exempt from taking reasonable steps to ensure catastrophic incidents do not occur.”

• Seattle vendors and former Mayor Mike McGinn joined forces at a news conference March 20 to highlight the potential destruction from an explosive oil train accident under Pike Place Market. The BNSF tunnel that runs under downtown Seattle passes under a corner of the market. An accident threatens the safety of 10 million annual visitors and the iconic market itself, the vendors said.

BNSF said it’s going to great lengths to make the tunnel safer, including spending $10 million in recent years to replace the tracks.

McGinn called the railway’s assurances “absolutely not sufficient for safety.”

• Four Democratic senators introduced an act Wednesday that would immediately bar the use of older, riskier tankers and set standards for volatility of gases in tank cars so they don’t explode as easily. The Crude-By-Rule Safety Act would set standards for new tankers that require thicker shells, thermal protection and pressure relief valves.

“Every new derailment increases the urgency with which we need to act,” U.S. Sen. Maria Cantwell, D-Wash., said. “Communities in Washington state and across the nation see hundreds of these oil tank cars pass through each week. This legislation will help reduce the risk of explosion in accidents, take unsafe tank cars off the tracks, and ensure first responders have the equipment they need.”

• The American Petroleum Institute and the Association of American Railroads announced at a teleconference Wednesday they will jointly fund additional training for local first responders along railroad tracks to deal with crude shipment accidents.

There are initial plans for sessions in 15 states, beginning this weekend in Nebraska and Florida. The AAR last year dedicated more than $5 million to training at its Security and Emergency Response Training Center near Pueblo, Colorado.

• Noting that a fiery oil train wreck in downtown Spokane could lead to the evacuation of 20,000 people, city officials requested and on Thursday were granted a seat at the table in discussions to open an oil terminal in Vancouver, Washington.

BNSF supports the terminal and said it’s “more than prepared” to handle the increased loads through northern Montana, Idaho and Washington.

“Our northern route is perfectly positioned geographically as we run through the Bakken region and to the Northwest destination points,” BNSF spokesman Gus Melonas told the Spokesman-Review’s Nicholas Deshais in early March.

Jerry White, leader of the Spokane Riverkeeper, was not convinced. He referred to the fiery Feb. 16 of a BNSF train in West Virginia.

“When I was watching that disaster, something struck me,” White told Deshais. “The fire chief in that little town said they were just backing off and letting that oil burn. I projected that onto Spokane. Can you imagine this happening in the downtown corridor and the fire crews saying the only thing we can do is back off and let them burn?”

• A state official warned Minnesotans living along tracks carrying North Dakota crude oil to prepare themselves for an emergency.

“People need to take some personal awareness of what’s around them,” Kevin Reed of the Minnesota Homeland Security and Emergency Management Division told Don Davis of the Forum News Service. “How do I get out of the way before the fire department gets here?”

Last week, the Minnesota Department of Transportation reported that 326,170 Minnesotans live within half a mile of railroad tracks with trains carrying Bakken oil. A state report indicated an average of 6.3 oil trains a day cross Minnesota.

Gov. Mark Dayton said those numbers highlight the need for safety improvements on the railroads.

“It just underscores the risk factor and why it’s imperative that we do everything we possibly can to prevent these derailments and the catastrophes that can result from them,” Dayton said.

• The U.S. Department of Energy is studying crude volatility and whether it should be treated to remove dissolved gases before transport, an official testified Wednesday at a House Appropriations subcommittee budget hearing.

Rep. Mike Quigley, D-Ill., asked why the more volatile crude transported from the Bakken couldn’t be stabilized before being loaded into tank cars in the same way crude from Texas is stabilized.

Timothy Butters, acting administrator of the Pipeline and Hazardous Materials Safety Administration, said that’s what the study seeks to determine. Results should be in by fall.

Bakken Crude, Crude By Rail, Hazmat notification, Oil Industry, Oil spill, Rail Safety, Spill prevention and response, State regulation

Washington State rail regulators to Fine BNSF for not reporting leaks immediately

Repost from The Bellingham Herald

State rail regulators: Fine BNSF for not reporting leaks immediately

By Samantha Wohlfeil, March 19, 2015 
Ferndale Siding PAD
BNSF rail cars on the railroad siding in Custer, Friday Aug. 22, 2014. The railroad is building a new siding from Ferndale to Custer. PHILIP A. DWYER — The Bellingham Herald

Washington state regulators have recommended BNSF Railway be fined up to $700,000 for failing to properly report more than a dozen hazardous materials spills in recent months despite the fact state staff had reminded the company how to do so last fall.

On Thursday, March 19, the state Utilities and Transportation Commission staff announced it found BNSF had failed to report 14 releases of hazardous materials, including crude oil leaks, within a half hour of learning about the leaks, as required by state law.

In one case, crews at BP Cherry Point refinery found crude oil had leaked onto the sides and wheels of a tank car, which was found to be 1,611 gallons short. That was on Nov. 5, but the UTC didn’t find out about it until Dec. 3, when it got a copy of the report BNSF sent to the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration. Railroads have 30 days to file that type of report.

When contacted about the incident by a McClatchy reporter in January, BNSF said the train was “not in transit, not on our property and not in our custody” when the spill was detected, and the company had submitted the required reports to state and federal regulators.

In another case from Jan. 12 and 13, a train hauling 100 cars of Bakken crude oil from North Dakota to the Tesoro refinery in Anacortes had more than a dozen leaking cars discovered in multiple stops as it crossed the state.

Although the UTC sent an investigator to look at the leaking cars as part of a Federal Railroad Administration investigation, BNSF didn’t report the incident to the state’s 24-hour hotline at the Emergency Management Division until two weeks later. The hotline duty officer is in charge of alerting the various state agencies that might need to respond to a spill.

When asked by The Bellingham Herald in February why the January incident was reported more than a week later, BNSF spokeswoman Courtney Wallace replied that BNSF staff members thought they were following proper protocols, and had amended their Washington reporting policy following discussions with the UTC in January.

But the investigation released by the UTC on Thursday shows that on Oct. 22, 2014, the UTC had emailed a copy of the state’s reporting requirements to Patrick Brady, BNSF’s director of hazardous materials and special operations, in an effort to make sure BNSF knew how to report accidents.

As copied into the body of the Oct. 22 email to Brady, the state law regulating accident reports ( WAC 480-62-310) lists the hotline number, which types of incidents must be reported, and states that railroad companies must call within 30 minutes of learning of the event.

On Dec. 3, Brady emailed the UTC again asking, “Can you send me the regulatory reference to spill notification to the UTC?” Staff members again emailed Brady the state law on reporting requirements, according to emails included in the investigation.

From Nov. 1, 2014, to Feb. 24, UTC staff found BNSF committed 700 violations of the reporting requirement. Every day an incident goes unreported counts as a separate violation, per state law.

In addition to the leaking crude oil incidents, the UTC announcement lists a variety of leaks that occurred throughout the state: a tank car dripping gas/oil from a bottom valve in Spokane Valley on Dec. 8, 2014; cars leaking “primary sludge” found in incidents in Seattle, Vancouver and Everett in December; two 100-gallon spills of lube oil from locomotives in December and January, among others.

The commission could opt to fine the company $1,000 per violation of the reporting law, but no fine has been issued yet. The commission will set a final penalty after BNSF gets the chance to have a hearing.

“When a company fails to notify the (state Emergency Operations Center) that a hazardous material incident has occurred, critical response resources may not be deployed, causing potential harm to the public and the environment,” the UTC announcement states.

BNSF was still reviewing the report when contacted for comment on Thursday.

“In regards to reporting releases in Washington state, we believed we were complying in good faith with the requirements from our agency partners,” BNSF’s Wallace wrote in a statement. “Following guidance from the UTC in January 2015, BNSF reviewed its reporting notification process and amended its practices to address concerns identified by the UTC. We will continue to work closely with the UTC moving forward on this issue.”

BNSF is the largest railroad company operating in Washington.

Bakken Crude, Federal Regulation (U.S.), Hazmat notification, Oil stabilization, Rail infrastructure, Rail inspection, Tank car design, Train speed

Dems to Obama: Use Powers to Crack Down on Oil Rail Transportation

Repost from The PJ Tatler

Dems to Obama: Use Powers to Crack Down on Oil Rail Transportation

By Bridget Johnson, March 9, 2015 – 2:50 pm

Wisconsin Democrats are urging President Obama to explore using his executive authority to take “immediate” action against “dangerous” trains transporting oil from hugely successful production areas in North Dakota.

Sen. Tammy Baldwin (D-Wis.) and Rep. Ron Kind (D-Wis.) noted that the Obama administration missed a Jan. 15 deadline to release final Department of Transportation and the Pipeline and Hazardous Materials Safety Administration rules on oil train accidents.

“We write to you today with deep concerns about the risk that trains carrying crude oil continue to pose to our constituents.  Oil train accidents are increasing at an alarming rate as a result of the increased oil production from the Bakken formation in North Dakota. Congress has provided additional funding to study safer tank cars, hire more track inspectors, and repair rail infrastructure. We urge your Administration to use this funding, along with its regulatory powers, to improve oil train safety as quickly as possible,” Baldwin and Kind wrote to Obama today.

“…It is time for you to take immediate action and we request that your Administration issue final rules without further delay. We believe that recent accidents make clear the need for rules stronger than those originally proposed.”

Baldwin and Kind said that the primary risk is crumbling rail infrastructure, including not enough Federal Railroad Administration inspections and old bridges.

“The danger facing Wisconsin communities located near rail lanes has materialized quickly. Just a few years ago, an oil train in the state was a rare sight. Today, more than 40 oil trains a week pass through Wisconsin cities and towns, many more than 100 tank cars long,” the lawmakers wrote. “It is clear that the increase in oil moving on the rails has corresponded with an uptick in oil train derailments. In addition to the derailment in Illinois on Thursday March 5, 2015, there have been derailments in North Dakota, Virginia, Alabama, West Virginia, and a fatal explosion in Lac-Megantic, Quebec.”

“These catastrophes have illuminated the many areas ripe for improvement, as well as additional measures needed to be taken in order to ensure safety when transporting crude oil by train.”

They want new regulations for the stabilization of oil to make crude “less likely to ignite,” new safety requirements for tank cars, new speed limits for oil trains, and “increased transparency” about oil shipments as “it is also important that our communities are aware of what is being shipped in their backyard.”

Supporters of the Keystone XL pipeline have noted the need for a comprehensive energy infrastructure that involves rail and roads, though Baldwin voted against the pipeline in January.

Baldwin sought amendments requiring that tar sands producers pay into the Oil Spill Liability Trust Fund, and guarantees that American consumers get the Keystone oil before foreign export markets.

“Working with Canada we can achieve true North American energy security and also help our allies,” sponsor Sen. John Hoeven (R-N.D.) said then. “For us to continue to produce more energy and compete in the global market we need more pipelines to move crude at the lowest cost and in the safest and most environmentally friendly way. That means that pipelines like the Keystone XL are in the vital national interest of our country.”

Bakken Crude, CPC-1232, Crude By Rail, Derailment, Explosion, Fire, Insurance and liability, Massive increase in crude-by-rail, Rivers, Tar sands crude, Train braking systems, Volatility

WALL STREET JOURNAL: In Recent Derailments, Newer Tougher Railcars Failed to Prevent Rupture

Repost from The Wall Street Journal

Wrecks Hit Tougher Oil Railcars

Sturdier train cars built to carry crude oil have failed to prevent spills in recent derailments 

By Russell Gold, March 8, 2015 9:36 p.m. ET
Galena
Fire continued Friday after a train carrying 103 railcars loaded with crude oil from North Dakota’s Bakken Shale derailed south of Galena, Ill. Photo: Associated Press

In a string of recent oil train derailments in the U.S. and Canada, new and sturdier railroad tanker cars being built to carry a rising tide of crude oil across the continent have failed to prevent ruptures.

These tank cars, called CPC-1232s, are the new workhorses of the soaring crude-by-rail industry, carrying hundreds of thousands of barrels a day across the two countries.

But the four recent accidents are a sign that the new tanker cars are still prone to rupture in a derailment. The ruptures could increase momentum for rules aimed at further reducing the risk of shipping crude by rail.

In the last month, there have been significant derailments of crude-carrying trains in West Virginia and Illinois, plus two in Ontario, including one Saturday in a remote part of the Canadian province.

Each train was hauling the new tank cars, which weren’t able to prevent the crude from escaping, leaking into one river and exploding into several giant fireballs.

“These new type of cars were supposed to be safer, but it’s obvious these cars are not good enough or safe enough,” said Claude Gravelle, a Canadian lawmaker who represents the northern Ontario area where two recent derailments occurred.

On Sunday, emergency workers were still trying to extinguish fires in multiple tank cars after 30 cars of a 94-car Canadian National Railway Co. train laden with Alberta crude derailed Saturday near Gogoma, Ontario. Five cars landed in a waterway.

The energy industry began using rail to transport oil in 2008 because it was a fast and inexpensive way to move growing volumes largely from the Bakken Shale in North Dakota.

In addition, building new pipelines has been expensive and politically fraught. In February, President Barack Obama vetoed legislation to approve the Keystone XL pipeline, which has been under review by the Obama administration for more than six years.

The robustness of tanker cars has become a major focus of efforts to improve the safety of shipping crude by rail. Such shipments have soared from about 21,200 barrels a day in 2009 to 1.04 million barrels a day by the end of 2014, according to government statistics.

As the U.S. shale boom gathered speed, the safety of growing crude shipments by rail has attracted greater scrutiny in the U.S. and Canada, especially after a 2013 derailment in Lac-Mégantic, Quebec, that claimed 47 lives.

Speed limits have been adopted, and a new rule in North Dakota that will take effect next month requires crude from the state to be treated to make the crude less combustible.

The cars involved in the two Ontario derailments and the incidents in West Virginia and Illinois all met the standards introduced by the rail industry in 2011 as a significant upgrade over older models, and were built with thicker shells and pressure-relief devices.

Fiery_TracksThere are about 60,000 of the new CPC-1232 tanker cars in use hauling crude oil across North America, as well as about 100,000 of the older models, says the Association of American Railroads.

Last year, the Transportation Department proposed additional new rules for tank cars carrying crude, presenting three main options. One would stick with the CPC-1232, but the other two would make new cars stronger and retrofit existing cars.

The White House is now reviewing these options and is expected to issue recommendations in May.

Ed Greenberg, a spokesman for the Association of American Railroads, said the railroad-industry trade group “wants all tank cars carrying crude oil, including the CPC-1232, to be upgraded by retrofitting or taken out of service. Railroads share the public’s deep concern regarding the safe movement of crude oil by rail.”

The American Petroleum Institute, the oil industry’s trade group, says it also supports upgrades to the tanker fleet to improve safety.

Cynthia Quarterman, a former director of the Pipeline and Hazardous Materials Safety Administration who stepped down last October, said the recent incidents “confirm that the CPC-1232 just doesn’t cut it.”

Tanker-car improvements alone won’t be enough to reduce overall risk, she added. “The crashworthiness of the tank cars does need to be raised, but that’s not enough. There needs to be a comprehensive solution, including better brakes to help minimize pileups.”

The four recent crashes also highlight some of the other risks of carrying crude by rail that seem to be persistent.

Two of the derailments involved Bakken crude from North Dakota, which contains a high level of gas, making it more volatile than other kinds of crude. In the Mount Carbon, W.Va., accident in February, nearly two dozen tankers full of crude derailed and were engulfed in flames, some exploding into fireballs that rose more than 100 feet in the air.

Tests on the crude showed that its vapor pressure, a measure of volatility, exceeded a new regulatory standard that will go into effect next month.

The recent derailments involved long trains that are essentially mobile pipelines as much as a mile long. The BNSF Railway Co. train that derailed and caught fire in Galena, Ill., 160 miles northwest of Chicago, was roughly a mile long and carrying 103 railcars loaded with crude from North Dakota’s Bakken Shale. BNSF is a unit of  Berkshire Hathaway Inc.

“We certainly believe that a stronger tank car is necessary and appropriate,” said Mike Treviño, a BNSF spokesman. A Canadian National spokesman said the company is in favor of stronger tank-car design standards.

The train in the Canadian National accident in Ontario over the weekend was 94 cars long, while the West Virginia train had 109 tankers full of North Dakota crude oil.

Canadian Transport Minister Lisa Raitt referred to “very long” unit trains last month when she proposed a new tax on crude shipments by rail aimed at building an insurance fund. “With that increased length of car, there’s an increased risk associated with it,” she said.

The number of derailments on long-haul tracks in the U.S. has declined 21% since 2009, according to the Federal Railroad Administration. But the number of train accidents related to “fire” or “violent rupture” climbed to 38 last year from 20 in 2009.