Category Archives: Pipeline and Hazardous Materials Safety Administration (PHMSA)

California Attorney General Calls on Trump to Close Loophole that Exposes Communities to “Bomb Trains”

Press Release from California Attorney General Xavier Becerra
[Editor:  See also KQED California Report, “AG Becerra Wants Trump Administration to Make Crude-Carrying ‘Bomb Trains’ Safer”  Also, see the NRDC blog on this story.   And … sadly … see a similar story from December, 2015.  – RS]

Attorney General Becerra Calls on Trump to Close Loophole that Exposes Vulnerable California Communities to “Bomb Trains”

Thursday, May 25, 2017
Contact: (415) 703-5837, agpressoffice@doj.ca.gov
  • Without Action, California Could Be Exposed To Freight Trains Carrying Highly Flammable, Highly Explosive Crude Oil
  • San Bernardino-Riverside And San Luis Obispo Among Regions Bearing Greatest Potential Risks

SACRAMENTO – California Attorney General Xavier Becerra is urging the Trump Administration to immediately close a loophole to prevent highly flammable, highly explosive crude oil from being shipped by freight rail via so-called “bomb trains” through communities in California, including the highly populated San Bernardino-Riverside and San Luis Obispo regions. High hazard areas for derailments would exist along every freight rail route in California. Many of these areas are also adjacent to California’s most sensitive ecological areas.

“Millions of Californians live, work, and attend school within the vicinity of railroad train tracks,” said Attorney General Becerra. “A derailment or explosion in California could put countless lives at risk and cause major damage to our land and waterways. This risk is simply unacceptable. I urge the Trump Administration to act immediately.”

So-called “bomb trains” are responsible for several catastrophic rail accidents in recent years, including the 2013 explosion in Quebec that killed 47 people.

In comments submitted to federal regulators, Attorney General Becerra called for immediate action that would require all crude oil transported by rail in the U.S. achieve a vapor pressure of less than 9.0 pounds per square inch (psi). Vapor pressure is a key driver of the oil’s explosiveness and flammability. Attorney General Becerra joined attorneys general from Illinois, Maine, Maryland, New York and Washington in calling for this requirement.

The comments were filed in response to an Advanced Notice of Proposed Rulemaking (ANPRM) issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), which is part of the U.S. Department of Transportation.

Earlier this month, as part of his efforts to protect vulnerable California communities, Attorney General Becerra filed a lawsuit in federal court that seeks to protect state residents from dangerous pollution that results from coal mining. Coal mined on public lands is transported by train through California and exported from ports in Long Beach, Los Angeles, Richmond and Stockton — areas next to several vulnerable communities. The transport of coal in open-top rail cars, as well as its storage and handling at export terminals, emits dangerous pollution. These emissions can result in a wide variety of serious health problems, including asthma, bronchitis, cardio-vascular diseases and cancer.

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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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Did lack of oversight lead to Santa Barbara spill?

Repost from the San Francisco Chronicle
[Benicia Independent Editor: This analysis of a pipeline failure might also shed some light on the lack of adequate State and Federal oversight of crude by rail.  No PHMSA administrator for 7 months?!  Only 3 state inspectors!?  Information not shared with first responders at the County level!?  Gosh … where have we heard this before?  – RS]

EDITORIAL: Did lack of oversight lead to Santa Barbara spill?

San Francisco Chronicle, May 31, 2015

All-too-familiar images of picture-postcard California beaches befouled with crude last month revealed that regulatory oversight is sadly lacking. But whom to blame? The accountable parties are missing in action.

First missing party: The federal Pipeline and Hazardous Material Safety Administration has been without an administrator for more than 210 days, thus exceeding the legal limit for an acting director to serve. The May 19 rupture of the Plains All American Pipeline at Refugio and El Capitan state beaches in Santa Barbara County heightened concerns the federal regulators weren’t protecting the public safety or sensitive lands.

On Thursday, Sens. Dianne Feinstein and Barbara Boxer, both Democrats, sent a letter to the pipeline administration, declaring the Santa Barbara oil spill response “insufficient,” and giving the agency two weeks to answer questions about spill response plans, legal authority to require automatic shutoff valves, and cleanup and response efforts that ignored local knowledge and expertise. On Friday, the Obama administration announced it had a nominee, lawyer Marie Therese Dominguez, for the pipeline administrator’s job.

Second missing party: Oil transport and spill oversight in California is overseen by the Office of the State Fire Marshal, but there are only three full-time inspectors. Inspectors would leave for higher paying industry jobs as soon as the state trained them. In 2012, the fire marshal requested the authority to pay inspectors more — inspectors are paid out of a state account funded with fees paid by the oil companies — but the Legislature said no, and state oil transport oversight was ceded to the federal agency in 2013.

Third missing party: Santa Barbara County had an agreement with the pipeline owner that was overridden by federal law. Pipeline operators must file oil spill response plans with the federal agency, but due to terrorism concerns, they aren’t available to the public (including first responders who would have needed local knowledge).

Clear lines of oversight, more inspectors, and a requirement to update spill response plans would help build trust with communities over transport of this necessary energy resource.

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