Tag Archives: U.S. Department of Transportation (DOT)

Told to fix leaky oil train cars in 2 months, owners sought 3 years

Repost from McClatchyDC
[Editor:  Significant quote: “This year is already the second worst for oil spilled from trains since the federal government began collecting data 40 years ago….trains spilled about 1 million gallons in 2013 alone, vs. 800,000 in all the prior years combined….More than 600,000 gallons of oil has spilled from trains so far this year….”  – RS]

Told to fix leaky oil train cars in 2 months, owners sought 3 years

By Curtis Tate and Samantha Wohlfeil, September 2, 2015 

HIGHLIGHTS
• Washington state spills led to March order from federal agency
• Industry group asked for three-year extension
• Regulators gave owners until end of 2015

The wreckage of an oil train derailment in Mount Carbon, W.Va., still smolders 48 hours after the crash, on Wednesday, Feb. 18, 2015.

WASHINGTON  |  Railroad tank cars equipped with defective valves still will be allowed to transport crude oil and other hazardous materials through the end of the year, despite a March directive from federal regulators requiring their replacement within 60 days.

The Federal Railroad Administration order followed a Bellingham (Wash.) Herald story about a leaking oil train reported in Washington state in January. The Railway Supply Institute, trade group representing tank-car owners, wrote the agency in April asking for a three-year extension to replace the faulty valves on tank cars that carry hazardous materials.

About 6,000 tank cars were affected by the recall, issued on March 13. On May 12, the day of the original deadline, regulators wrote back to the trade group that the agency found no basis to give tank car owners until 2018 to comply, but nonetheless gave them until Dec. 31, an extension of more than six months.

Officials from the Railway Supply Institute couldn’t be reached to comment.

60   Number of days tank car owners had to comply
with March directive.

The federal order came about a month after crews discovered tank cars leaking from their top fittings while hauling crude oil through Washington state.

In mid-January, a 100-car train loaded with Bakken crude had 16 leaking cars removed at four different stops between northern Idaho and the Tesoro refinery in Anacortes, Wash.

As the train traveled west along the Columbia River, leaking cars were pulled as they were discovered; at each stop, the entire train was inspected before continuing on to the next location.

BNSF Railway, the train’s operator, said a total of 26 gallons of oil from 14 of the leaking cars was found only on the tops and sides of the cars, and no oil was found on the ground, in a report to the U.S. Department of Transportation.

Separately, the Federal Railroad Administration fined the owner of a North Dakota oil loading terminal $10,000 for a spill from a tank car that was discovered in November in Washington state. When the car arrived at a refinery for unloading, inspectors found it coated in oil and measured about 1,600 gallons missing.

State officials first learned of the spill a month after it happened, and no local officials were notified. In March, the Washington Utilities and Transportation Commission recommended $700,000 in fines against BNSF for failure to report 14 hazardous materials spills within the 30 minutes required by state law.

BNSF has disputed the state regulator’s findings. A hearing is scheduled for January.

Six major oil train derailments this year across North America have demonstrated the continued risks of large volumes of crude oil moving by rail.

Four of those derailments occurred in just four weeks in February and March: two in Ontario, one in West Virginia and another in Illinois. All involved large spills, fires and explosions, but no serious injuries.

Two less serious oil train derailments have occurred since, in North Dakota in May and Montana in July.

600,000   Number of gallons of oil spilled from trains
so far this year.

The rail industry and its regulators have been under pressure from lawmakers and the public to fix tank car vulnerabilities and take more steps to prevent derailments from happening.

The U.S. Department of Transportation issued its final rule on tank car standards for trains carrying oil, ethanol and other flammable liquids on May 1.

The new rule requires a tougher design for the tank cars, including thicker shells, more puncture resistance and thermal insulation to protect against prolonged exposure to fire.

It also requires existing tank cars be retrofitted to meet the new standards, depending on the level of hazard, within two to 10 years. Industry groups have challenged the new rule in court, saying it doesn’t give them enough time to complete the retrofit. Environmental groups have sued as well, saying it gives the industry too much time.

This year is already the second worst for oil spilled from trains since the federal government began collecting data 40 years ago.  A McClatchy analysis of the data last year found that trains spilled about 1 million gallons in 2013 alone, vs. 800,000 in all the prior years combined.

More than 600,000 gallons of oil has spilled from trains so far this year, according to a new analysis of data from the Pipeline and Hazardous Materials Safety Administration.

Wohlfeil writes for the Bellingham Herald and reported from Bellingham, Wash.

Senate Republicans pushing 3-year delay for rail safety System

Repost from the New York Times

Senate to Debate 3-Year Delay for Rail Safety System

By Michael D. Shear, July 23, 2015
An Amtrak Acela train in New York bound for Pennsylvania Station. Amtrak has said it will complete installation of an advanced safety system for its trains in the Northeast Corridor by the current December 2015 deadline. Credit David Boe/Associated Press

WASHINGTON — Two months after the high-speed derailment of an Amtrak train killed eight people and injured hundreds more in Philadelphia, a Senate transportation bill headed for debate this week calls for a three-year delay of the deadline for installing a rail safety system that experts say would have almost certainly prevented the Pennsylvania accident.

Lawmakers from the Northeast and train safety experts expressed outrage over the provision, which is included in the 1,000-page legislation to finance highway and transit projects for the next three years. Several lawmakers vowed to fight the extension of the deadline to install the safety system, called positive train control, beyond December 2015.

“It should be done immediately. There shouldn’t be an extension,” said Senator Chuck Schumer, Democrat of New York. “Given the high number of accidents, and given the fact that P.T.C. is really effective, they should stick with 2015.”

Senator Richard Blumenthal, Democrat of Connecticut, said he was “deeply disturbed about yet another delay in a potential safety measure” until December 2018 and said the provision in the transportation bill “essentially makes the deadline a mirage.”

In 2008, after decades of delay, lawmakers gave railroad companies, including Amtrak, seven years to complete installation of the safety system, which monitors the speed of trains and automatically slows them down if they approach curves at dangerously high speeds.

The Amtrak train that derailed in Pennsylvania was going 106 miles an hour, more than twice the speed limit, when it careened off the tracks.

Since the accident, Amtrak has said it will meet the existing deadline for installing and activating the safety systems in the busy Northeast Corridor. Craig S. Schulz, a spokesman for the railroad, said Thursday that Amtrak “remains committed” to making good on that promise.

But many railroads across the country still have not installed and activated the necessary equipment and would face federal fines and other mandates if they continued operating past Dec. 31 without it.

The transportation spending measure in the Senate would require railroads to submit plans to the secretary of transportation that include installation of positive train control by the end of 2018.

The willingness to give railroads more time is especially galling to lawmakers from the Northeast, where the Pennsylvania accident highlighted the dangers to millions of riders in the most heavily traveled train corridor in the nation.

Mark V. Rosenker, a former chairman of the National Transportation Safety Board, which investigates train accidents, said he was outraged by the provision and blamed railroads’ lobbyists for pressuring lawmakers to include it.

“Obviously, the railroad lobbyists have gotten to Congress,” Mr. Rosenker said. “We just had a horrible accident. People died and people ended up becoming paralyzed when that technology was available to the railroad. I am very disappointed.”

Senator Bob Casey, Democrat of Pennsylvania, also commented on the timing of the proposal. “The idea that a provision to delay positive train control was slipped into this bill just a short time after the Amtrak 188 derailment is shocking and wrong,” he said. “Delaying P.T.C. is a bad idea, and this provision should be stripped out immediately.”

Officials at the Transportation Department are continuing to insist that railroads meet the current end-of-the-year deadline. And at the White House, the press secretary, Josh Earnest, spoke of concerns “about some of the safety provisions that are included in the bill” and said the administration would take a close look at those provisions.

But pressure is mounting in both parties to pass the transportation bill before the Highway Trust Fund runs out of money for road projects across the country. That could happen this summer if Congress does not approve a new long-term authorization for transportation spending. If the Senate passes its measure, it still must win passage in the House as well.

Several senators said concern about the rail safety provision could become a central part of the debate over the bill in the days ahead. Mr. Blumenthal said he disliked the language extending the deadline for railroads to install positive train control.

But in an interview, he said he might be able to accept a new deadline if Congress agreed to dedicate money from the Highway Trust Fund specifically for installation of the rail safety systems, especially for commuter train systems that are struggling to afford the equipment.

Mr. Blumenthal said he intended to propose amendments that would dedicate $570 million a year for three years to commuter-rail safety improvements. He said it was unclear whether Republicans, who control the Senate, would allow the amendments to be offered. And he said it was not certain how hard the Obama administration was willing to fight for them.

“I’m hoping they will lend the full weight of their authority,” he said. “It would make a difference.”

Backers of the deadline extension say they need it because the equipment is costly and time-consuming to install across thousands of miles of track.

They also say the provision gives the transportation secretary authority to reject railroad improvement plans on a case-by-case basis, which they said could leave some railroads subject to the current 2015 deadline. And they said the bill authorized the Transportation Department to prioritize money for rail safety even though it does not guarantee a specific amount of money to be spent from the trust fund.

Ed Greenberg, a spokesman for the Association of American Railroads, which represents freight and commuter systems, praised the provision, saying in a statement that it “sets a rigorous case-by-case framework with enforceable milestones that guarantees sustained and substantial progress, complete transparency and accountability, and a hard end date for full installation by 2018.”

But advocates of greater safety measures for trains said the railroads had been under orders to upgrade their safety systems for years and should have been able to meet the 2015 deadline, which was set by Congress after a California derailment in 2008 that killed 25 people.

Mr. Rosenker, who was acting chairman of the transportation safety board when the crash happened, said the seven-year deadline set by Congress after that crash should not be extended.

“Seven years, in my judgment, is a long time and an adequate time to do it,” he said. “The technology is out there. Let’s put it in.”

 

Feds warn railroads to comply with oil train notification requirement

Repost from McClatchyDC
[Editor:  Significant quote: “Illinois, Kentucky, Ohio, New York and Pennsylvania told McClatchy last month that they had received no updated oil train reports from CSX since June 2014.”  See also the Federal Railroad Administration press release AND letter.  – RS]

Feds warn railroads to comply with oil train notification requirement

By Curtis Tate, July 22,2015
This Feb. 17, 2015, photo made available by the Office of the Governor of West Virginia shows a derailed train in Mount Carbon, W.Va. U.S. transportation officials predict many more catastrophic wrecks involving flammable fuels in coming years absent new regulations.
This Feb. 17, 2015, photo made available by the Office of the Governor of West Virginia shows a derailed train in Mount Carbon, W.Va. U.S. transportation officials predict many more catastrophic wrecks involving flammable fuels in coming years absent new regulations. | Steven Wayne Rotsch AP

The U.S. Department of Transportation warned railroads that they must continue to notify states of large crude oil shipments after several states reported not getting updated information for as long as a year.

The department imposed the requirement in May 2014 following a series of fiery oil train derailments, and it was designed to help state and local emergency officials assess their risk and training needs.

In spite of increased public concern about the derailments, railroads have opposed the public release of the oil train information by numerous states, and two companies sued Maryland last July to prevent the state from releasing the oil train data to McClatchy.

The rail industry fought to have the requirement dropped, and it appeared that they got their wish three months ago in the department’s new oil train rule.

We strongly support transparency and public notification to the fullest extent possible. Sarah Feinberg, acting administrator, Federal Railroad Administration

But facing backlash from lawmakers, firefighters and some states, the department announced it would continue to enforce the notification requirement indefinitely and take new steps make it permanent.

There have been six major oil train derailments in North America this year, the most recent last week near Culbertson, Mont. While that derailment only resulted in a spill, others in Ontario, West Virginia, Illinois and North Dakota involved fires, explosions and evacuations.

In a letter to the companies Wednesday, Sarah Feinberg, the acting chief of the Federal Railroad Administration, told them that the notifications were “crucial” to first responders and state and local officials in developing emergency plans.

“We strongly support transparency and public notification to the fullest extent possible,” she wrote. “And we understand the public’s interest in knowing what is traveling through their communities.”

The letter was written after lawyers for Norfolk Southern and CSX used the new federal oil train rules to support their position in the Maryland court case that public release of the information creates security risks and exposes the companies to competitive harm.

Feinberg added that the notifications must be updated “in a timely manner.”

States such as California, Washington and Illinois have received updated reports regularly from BNSF Railway, the nation’s leading hauler of crude oil in trains. Most of it is light, sweet crude from North Dakota’s Bakken region and is produced by hydraulic fracturing of shale rock.

But to get to refineries on the east coast, BNSF must hand off the trains to connecting railroads in Chicago or other points. Illinois, Kentucky, Ohio, New York and Pennsylvania told McClatchy last month that they had received no updated oil train reports from CSX since June 2014.

The emergency order requires the railroads to report the weekly frequency of shipments of 1 million gallons or more of Bakken crude, the routes they use and the counties through which they pass. The railroads must update the reports when the volume increases or decreases by 25 percent.

Railroads found to be in violation of the requirement face a maximum penalty of $175,000 a day for each incident. The Federal Railroad Administration periodically audits railroads for compliance.

6 – Number of major oil train derailments in North America in 2015.

Though publicly available data on the exact volume of crude oil moved by railroads is difficult to come by, in an April earnings call, Norfolk Southern, the principal rival of CSX, reported that its crude oil volumes increased 34 percent from the first quarter of 2014 to the first quarter of 2015.

That’s not a reliable indicator of the increase in Bakken crude oil on any one route, but Illinois, Ohio and Pennsylvania did say they received updated oil train reports from Norfolk Southern in the past year.

Of the states on the CSX crude oil network McClatchy asked, only Virginia reported receiving an update in the year between June 2014 and June 2015, and that was a week after a CSX oil train derailed and caught fire in February near Mount Carbon, W.Va.

Rob Doolittle, a spokesman for CSX, said the railroad continues to be “in full compliance” with the emergency order. He added that the railroad “recently” sent new notifications to the affected states, “regardless of whether there was any material change in the number of trains transported.”

Read more here: http://www.mcclatchydc.com/news/nation-world/national/economy/article28078114.html#storylink=cp

 

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.