Tag Archives: U.S. Department of Transportation

Fixing railroad tank cars gains traction after recent derailments

Repost from McClatchyDC News

Fixing railroad tank cars gains traction after recent derailments

By Curtis Tate, McClatchy Washington Bureau, March 30, 2015
US NEWS RAILSAFETY-CA 1 SA
Recently filled, a tanker truck drives past railway cars containing crude oil on railroad tracks in McClellan Park in North Highlands on Wednesday, March 19, 2014. North Highlands is a suburb just outside the city limits of Sacramento, Calif. RANDALL BENTON — MCT

— While some government and industry officials have repeatedly said there’s no silver bullet to improve the safety of oil trains, a persistent problem runs through every new derailment: the tank cars.

Oil industry groups maintain that railroads should do a better job of maintaining track to prevent derailments, while the rail industry has called for more robust tank cars that are better equipped to survive accidents.

Although there’s almost universal consensus that improvements are required in both areas, there’s one key difference.

Railroads have already spent heavily in recent years to improve their track for all kinds of freight and have pledged to spend more. Meanwhile, the companies that own and lease tank cars for transporting oil and other flammable liquids have been waiting for regulators to approve a more robust design to account for the exponential increase in energy traffic on the rails before they invest an additional cent.

The railroad industry petitioned the U.S. Department of Transportation in March 2011 for a more robust tank-car design. Rather than wait for an answer, the industry adopted its own upgrades later that year. But several recent derailments involving different types of crude have suggested that those cars don’t perform significantly better than those they replaced.

The DOT-111A tank car

About 92,000 DOT-111s are in use; 78,000 lack extra safety features. Most tank cars are leased by oil companies or other firms moving products by rail.

TheDOT-111TankCar (FRA)And unlike the controversy that surrounds other proposed solutions or doubts about their effectiveness, tank car upgrades have the support of lawmakers, regulators, mayors and governors, community and industry groups, and the National Transportation Safety Board.

“We certainly have been distracted from doing what is the most obvious safety improvement: the cars,” said Peter Goelz, former managing director of the NTSB.

The White House Office of Management and Budget is reviewing a package of proposals that include an improved tank-car design. But the new rules aren’t scheduled to be published until May, frustrating many who’ve pushed for better tank cars for years.

In January, the NTSB included tank cars on its “Most Wanted List” of safety improvements.

For more than two decades, the NTSB has called for improving the most common type of tank car, the DOT-111. But those calls were largely ignored until railroads started carrying dramatically larger volumes of domestically produced crude oil and ethanol.

The minimally reinforced cars proved vulnerable to punctures in derailments, spilling their contents, which quickly caught fire. Such fires could compromise other cars by heating their contents to the point where they burst through the tank walls with explosive force.

“Once you get a leak and fire, that can spread to other cars,” said Greg Saxton, chief engineer for the Greenbrier Companies, which is already building a tank car to tougher standards. “That’s the No. 1 thing we want to do. We don’t want to have a leak.”

After a July 2013 oil train derailment in Lac-Mégantic, Quebec, killed 47 people, Canada’s Transportation Safety Board found that none of the cars in that incident was equipped with thermal protection. The cars that sustained only minor impact damage ultimately ripped open after fire exposure, violently releasing their pressurized contents as large fireballs.

The rail industry made a few modifications to DOT-111 cars manufactured since 2011, including shields that protected the bottom half of each end of the car and more reinforcement for valves and outlets. But an outer steel jacket to provide extra puncture resistance and insulation to protect the car’s contents from fire exposure were optional.

In recent derailments in West Virginia, Illinois and Ontario, the newer cars, called CPC-1232s, lacked those extra safeguards.

“Do we need a new standard for tank cars? Absolutely,” said Ed Hamberger, president and CEO of the Association of American Railroads, the industry’s principal advocacy group.

Those existing cars could be retrofitted with jackets and thermal insulation until new ones are built. But even those improvements are waiting on the White House for final approval.

Sen. Maria Cantwell, D-Wash., along with three Democratic co-sponsors – Patty Murray of Washington state, Dianne Feinstein of California and Tammy Baldwin of Wisconsin – introduced a bill last week that would require an immediate ban on crude oil shipments in DOT-111 and non-jacketed CPC-1232 tank cars. It also would force new cars to meet a standard that exceeds any current requirement.

“No one wants to pull the trigger and say they should be removed,” she said in an interview. “We can’t wait to see a more aggressive plan.”

The redesigned tank car may look like the one the Canadian government proposed this month. It includes full-height shields on both ends, thermal insulation and an outer jacket.

Last year, railroads voluntarily agreed to limit oil train speeds to 40 mph in a select number of densely populated areas and 50 mph everywhere else. But six of the most recent derailments cast doubt on the effectiveness of reducing speeds as a mitigation measure.

All the trains in the four most recent U.S. derailments that resulted in fires or spills were going under 40 mph. Three were traveling at less than 25 mph and one at just 9 mph. In the two most recent Canadian wrecks, the trains were traveling at 38 and 43 mph.

The Federal Railroad Administration wants railroads to install electronic braking systems on trains that carry crude oil. But the industry opposes new braking requirements, and they wouldn’t address the vulnerabilities of tank cars to punctures and fire exposure.

Even those who support an “all of the above” approach to dealing with the problem say tank car improvements are a crucial step.

“It’s unfortunate to have the NTSB investigating the same accident over and over again,” said Jim Hall, a former NTSB chairman. “We’re overdue in addressing this issue with the DOT-111.”

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.

OPINION: Governor DOES have authority to stop crude by rail

Repost from The Albany Times Union
[Editor:  Has anyone researched similar legal authority in California?  Under what jurisdictional authority would Governor Brown have power to stop crude oil trains, regardless of federal preemption?  – RS]

State’s next gamble is oil trains

By Christopher Amato and Charlene Benton, March 19, 2015

Having won approval for legalized casino gambling in New York, Gov. Andrew Cuomo is now rolling the dice on oil trains. The string of oil train disasters over the last year and a half, including four derailments in the past month in West Virginia, Illinois and Ontario resulting in massive fires, explosions and air and water pollution, shows that transporting crude oil in unsafe rail cars poses a significant threat to New Yorkers’ lives and property and the state’s natural resources.

Indeed, the oil train report prepared at the governor’s direction by five state agencies and the scores of oil train safety violations detected by federal and state inspectors confirm the dangers of transporting oil in unsafe rail cars. Yet the governor refuses to use the state’s authority to end this hazardous practice. Instead, he claims — incorrectly — that only the federal government has the authority to protect New Yorkers from the dangers of oil trains.

The Environmental Conservation Law authorizes the commissioner of the Department of Environmental Conservation to order the immediate discontinuance of any condition or activity that he finds “presents an imminent danger to the health or welfare of the people of the state or results in or is likely to result in irreversible or irreparable damage to natural resources.”

In 1990, then-DEC Commissioner Tom Jorling ordered several companies to halt the transportation of oil and sludge in unsafe barges. In that case, a federal appeals court ruled that federal law did not prevent the commissioner from exercising his emergency authority.

In October 2014, we submitted a petition to DEC on behalf of a broad coalition of community and environmental organizations requesting that Commissioner Joe Martens use his authority to prohibit the receipt and storage of crude oil in unsafe rail cars at the Albany oil terminals operated by Global Cos. and Buckeye Partners. Recently, DEC rejected the petition in a two-page letter, claiming that only the federal government can act to protect New Yorkers.

If, as the federal appeals court has held, federal law does not prevent the DEC commissioner from ordering an emergency halt to the transport of oil and sludge in unsafe barges, why can’t the commissioner order a halt to the receipt and storage of crude oil in unsafe rail cars? Given the high stakes, isn’t this course of action at least worth trying?

The Cuomo administration has repeatedly claimed that New York is the most aggressive state in the nation taking action on the threats posed by the rail transportation of highly volatile crude oil. But a recent news story reported that dangerous oil train shipments in New York have expanded on Cuomo’s watch, while other states like Washington are blocking crude-by-rail projects or requiring a full environmental, health and safety review of such projects.

The U.S. Department of Transportation estimates that an average of 10 oil train derailments will occur each year for the next two decades, and predicts that a derailment in a populated area — such as Albany — could kill hundreds of people and result in billions of dollars in damages. It is time for the Cuomo administration to stop gambling that New York will escape the type of oil train catastrophe that has already occurred in Alabama, Virginia, North Dakota, West Virginia, Illinois, Ontario, New Brunswick, and Quebec. If the governor’s luck runs out, it may cost New Yorkers their lives.

Christopher Amato is an attorney at Earthjustice, a nonprofit environmental law firm. Charlene Benton is president of the Ezra Prentice Homes Tenants Association, which represents public housing tenants in Albany’s South End.

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.