Tag Archives: Washington Department of Ecology

Washington Republican asks USDOT to consider further crude-by-rail regulations

Repost from American Shipper

Lawmaker asks USDOT to consider further crude-by-rail regulations

Rep. Jaime Herrera Beutler, R-Wash., has requested the Department of Transportation study potential methods for reducing the combustibility of crude oil trains.
BY BEN MEYER |FRIDAY, SEPTEMBER 30, 2016

U.S. House Rep. Jaime Herrera Beutler, R-Wash., is urging the Department of Transportation (DOT) to consider further regulation of freight trains carrying crude oil.

Beutler earlier this week sent a letter to U.S. Transportation Secretary Anthony Foxx, Federal Railroad Administrator Sara Feinberg and Pipeline and Hazardous Materials Safety Administrator Marie Therese Dominguez asking DOT to study potential methods for reducing the combustibility of crude oil trains.

Specifically, Beutler asked DOT to consider whether interspersing oil tank cars with non-volatile commodities might make them less likely to catch fire in the event of a derailment.

Beutler’s letter was largely prompted by a growing number of destructive derailments involving crude oil trains in recent years, the largest of which claimed the lives of 47 people in Lac-Mégantic, Quebec in July 2013.

Back in June, a Union Pacific Corp. train carrying crude oil derailed near Mosier, Ore., about 68 miles east of Portland, causing some of the tank cars to burst into flames and spill oil into an adjacent section of the Columbia River. That train was en route from Eastport, Idaho to Tacoma, Wash. carrying crude oil from the Bakken formation, which is more flammable and dangerous than other types of crude oil.

“Although far less catastrophic than it could have been, the [Mosier] derailment highlighted the need for strong safety measures to address shipments of volatile and hazardous commodities through the Columbia River Gorge – whether related, or unrelated to oil shipments,” Beutler wrote in the letter. “Subsequently, I am writing to request information on dispersing tank cars carrying oil, or other hazardous materials, with non-volatile products throughout trains.”

She asked DOT to consider whether continuous blocks of oil tank cars increases the risks of combustion, potential benefits of requiring disbursement of cars carrying flammable materials throughout a train, and possible effects on combustibility of use of newer DOT-117 tank cars.

In addition, Beutler asked if federal regulators have studied speed limits reduction for oil trains as a way to mitigate the risk of combustion.

Washington state lawmakers last month adopted new regulations surrounding the transportation of crude oil by rail and pipeline that officially take effect Oct. 1. Developed by the Washington Department of Ecology at the request of the legislature, Chapter 173-185 WAC, Oil Movement by Rail and Pipeline Notification, established reporting standards for facilities receiving crude oil transported by rail and pipeline, and for the department to share information with emergency responders, local governments, tribes and the public.

On the federal level, DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Railroad Administration, in August released final rules amending the federal hazardous materials regulations related to the transport of crude oil and ethanol by rail.

The rule changes, first introduced by DOT in May 2015 as required by the 2015 Fixing America’s Surface Transportation (FAST) Act, include an enhanced tank car standard and an “aggressive, risk-based” retrofitting schedule for older tank cars carrying crude oil and ethanol.

In addition, the rules require trains transporting large volumes of flammable liquids to use a new braking standard; employ new operational protocols such as routing requirements and speed restrictions; share information with local government agencies; and provide new sampling and testing requirements DOT said will “improve classification of energy products placed into transport.”

The Senate in May unanimously passed the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE) Act, which aims to provide additional training for first responders, specifically for handling freight train derailments that include hazardous materials such as crude oil.

Originally sponsored by Sen. Heidi Heitkamp, D-N.D., the legislation establishes a public-private council of emergency responders, federal agencies and industry stakeholders tasked with reviewing current training methods and prescribing best practices for first responders to Congress. The council will be co-chaired by the Federal Emergency Management Agency (FEMA) and PHMSA. Rep. Ron Kind, D-Wis., has introduced a companion bill to the RESPONSE Act in the House of Representatives.

“Currently, oil trains are traveling along the Columbia River Gorge, and my focus is on ensuring federal regulations are making these shipments as safely as possible,” Beutler said in a statement. “Long lines of oil cars are becoming a more familiar sight in our region, and if breaking them up into smaller blocks will better protect our citizens, the Columbia River and nearby forests, we should put a federal standard in place – quickly.”

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Washington: New rule requires railroads to show they can handle oil spills

Repost from the Tri-City Herald, Kennewick, WA
[Editor: Significant quote: “…California and Minnesota have implemented similar laws for railroads.”  – RS]

Washington: Railroads must show they can handle oil spills

By the Associated Press, September 1, 2016 2:16 PM

HIGHLIGHTS
Washington’s Department of Ecology has adopted a new rule requiring that railroads shipping oil through the state demonstrate that they can immediately respond to any spills.

FILE - This June 6, 2016, file aerial video image taken from a drone shows crumpled oil tankers lying beside the railroad tracks after a fiery June 3 train derailment that prompted evacuations from the tiny Columbia River Gorge town of Mosier, Ore. Federal investigators on Thursday, June 23, 2016, blamed Union Pacific Railroad for the derailment along the Oregon-Washington border, saying the company failed to properly maintain its track. Preliminary findings on the derailment raise questions about why the company didn't find the broken bolts that triggered the wreck when it inspected the tracks right before the derailment.
FILE – This June 6, 2016, file aerial video image taken from a drone shows crumpled oil tankers lying beside the railroad tracks after a fiery June 3 train derailment that prompted evacuations from the tiny Columbia River Gorge town of Mosier, Ore. Federal investigators on Thursday, June 23, 2016, blamed Union Pacific Railroad for the derailment along the Oregon-Washington border, saying the company failed to properly maintain its track. Preliminary findings on the derailment raise questions about why the company didn’t find the broken bolts that triggered the wreck when it inspected the tracks right before the derailment. Brent Foster AP

OLYMPIA, WASH.  |  Washington’s Department of Ecology has adopted a new rule requiring that railroads shipping oil through the state demonstrate that they can immediately respond to any spills.

The department said Thursday the rule takes effect Oct. 1, and it brings railroads into line with rules for companies moving oil by pipeline and by vessel.

Railroads will have to provide Ecology with contingency plans detailing steps the railroad will take if oil spills or a substantial risk of a spill occurs during transport. Officials say they’ll review each plan and require that they be tested through appropriate drills.

The state says California and Minnesota have implemented similar laws for railroads.

This fall, Washington is also beginning to require that facilities receiving shipments of crude oil by rail notify Ecology, which will share notice of those plans with local first responders.

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McClatchy investigative reports result in enforcement actions

Repost from McClatchy DC and The Bellingham Herald
[Editor:  McClatchy News investigative reports have alerted Washington State and federal officials, and resulted in fines and enforcement actions.  For background, see Washington state officials unaware at first of November oil spill (1/26); Officials say oil train leaked as it crossed Washington state (2/6); and Oil-loading facility sanctioned in Washington rail car spill (3/12).  Don’t miss the excellent video near the end of this story.  – RS]

More oil-train fixes: Feds order defective valves replaced on leaking cars

By Samantha Wohlfeil and Curtis Tate, March 13, 2015 
APTOPIX Train Derailment
Derailed oil tanker train cars burn near Mount Carbon, W.Va., Monday, Feb. 16, 2015. A CSX train carrying more than 100 tankers of crude oil derailed in a snowstorm, sending a fireball into the sky and threatening the water supply of nearby residents, authorities and residents said Tuesday. MARCUS CONSTANTINO — AP

WASHINGTON — The Federal Railroad Administration on Friday ordered rail tank car owners to replace defective valves never approved for installation on thousands of tank cars, causing oil to spill from moving trains.

The directive applies to a 3-inch valve installed on roughly 6,000 tank cars, and their owners have 60 days to replace them. Within 90 days, tank car owners must also replace 37,000 1-inch and 2-inch valves manufactured by the same company. While the smaller valves were not found to be defective like the larger ones, they were not approved for the tank cars.

The affected cars can be used in the interim, but none can be loaded with hazardous materials if they are still equipped with those valves after the deadlines.

The enforcement action comes after a story last month in McClatchy’s Bellingham Herald about 14 tank cars that were discovered leaking en route from North Dakota’s Bakken region to the Tesoro refinery in Anacortes, Wash.

Friday’s enforcement action is the second to follow an investigation launched after McClatchy reported on leaking cars in Washington.

On Thursday, the agency said it had sanctioned the operator of a North Dakota loading facility for not properly closing a valve on another oil car after McClatchy reported in January that the car arrived at the BP Cherry Point refinery in northwest Washington state with 1,600 gallons missing.

That spill was discovered in early November but wasn’t reported to state officials until early December. Local emergency officials were never notified, according to a report sent by BNSF Railway to the U.S. Department of Transportation and the Washington state Utilities and Transportation Commission.

The 1-inch, 2-inch and 3-inch valves were all manufactured and sold by McKenzie Valve and Machining, a company in Tennessee. The Bellingham Herald could not immediately reach anyone at McKenzie, but left messages with the company Friday.

The Federal Railroad Administration also announced Friday that it was launching a full audit of the approval process for tank car components to determine why the unapproved valves were installed.

Under federal regulations, tank car valve designs must be approved by the Association of American Railroads Tank Car Committee.

The Federal Railroad Administration said it would begin working immediately with the association, which is the rail industry’s principal trade group in the nation’s capital.

Sarah Feinberg, the FRA’s acting chief, said Friday that removal of the valves will help reduce the number of non-derailment releases of hazardous materials.

“Any type of hazardous materials release, no matter how small, is completely unacceptable,” she said in a statement.

Ed Greenberg, a spokesman for the railroad association, said Friday that it supported the order. Railroads don’t own most of the tank cars used to transport oil.

“Officials from our association will be working closely with the administration in reviewing the tank car valve approval process to ensure the agency is fully satisfied with the current approval requirements that are in place,” he said in a statement.

The Federal Railroad Administration’s order came about a month after crews discovered tank cars leaking oil from their top fittings on a handful of trains hauling different types of crude oil through Washington state.

In mid-January, a train loaded with Bakken crude needed to have more than a dozen leaking cars removed at three separate stops as it traveled through Idaho and crossed Washington state.

The train was headed from Tioga, N.D., to the Tesoro refinery in Anacortes.

In a report to the U.S. Department of Transportation, BNSF reported a total of 26 gallons of oil leaking from 14 cars. Tesoro reported two more leaking cars. The oil was found only on the tops and sides of tank cars, and no oil was found on the ground.

Crews had first noticed oil on the side of a tank car while the train was in northern Idaho, and after checking the rest of the train, removed that car, which had leaked about two gallons, according to BNSF spokeswoman Courtney Wallace.

After the train had crossed through the state, following the Columbia River to Vancouver, Wash., crews found that crude oil had leaked onto the top of seven more cars, which were removed from the train on Jan. 12. BNSF reported the incident to the state Department of Ecology on Jan. 23.

BNSF also reported that about 10 gallons total had leaked from six more cars removed in Auburn on Jan. 13.

Wallace said the railroad would work with customers and shippers to take the required actions.

“Although BNSF does not own the tank cars, nothing is more important to us than safely operating through the communities that we serve,” she said in a statement.


The state Utilities and Transportation Commission and the FRA investigated the cars that were pulled from the train in Vancouver, which led to the discovery that closure plugs on the valves caused damage to the valve’s seal, and when tightened, would press down on and damage the ball.

The cars involved were CPC-1232 model cars built after 2011, which some oil companies have started using after several fiery derailments caused concerns about older DOT-111 rail cars, which have been found more likely to puncture or burst.

However, newer CPC-1232-standard cars that lack features that reduce damage from punctures and fire exposure have performed no better in four recent oil train derailments in West Virginia, Illinois and Ontario.

The White House Office of Management and budget is reviewing a new tank car standard proposed by the Department of Transportation. It is scheduled for publication on May 12.

Wohlfeil, of The Bellingham Herald, reported from Washington state. Tate reported from Washington, D.C.
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