Legislation proposed in state of Washington to regulate oil trains

Repost from The Pacific Northwest Inlander

Big Boom

What officials want to do with exploding oil train traffic

By Jake Thomas, March 18, 2015
A train shipping oil through Montana.
A train shipping oil through Montana.

Every day a potential bomb, sometimes a mile long, quietly passes through Spokane as it makes its journey across the state.

Beginning four years ago, Washington began seeing a big change in how crude oil was transported across the state. Historically, Washington received 90 percent of its crude oil from tanker ships from Alaska or an international source. Now it comes by trains from North Dakota loaded with crude oil from the Bakken shale. Every week 16 Burlington Northern Santa Fe trains carrying Bakken oil pass through Spokane County, according to a recent report from the state Department of Ecology. The study found that the number of oil trains traveling through the state could rise to 137 a week by 2020.

Bakken oil is particularly volatile, and sometimes these trains derail and explode. In the last month alone, four oil trains have derailed in Illinois, West Virginia and twice in Quebec, causing explosions and environmental contamination. In 2013, a train derailed in a small town in Quebec, killing 47 people.

In Washington, a rail line runs through Spokane Valley, downtown Spokane and Cheney and intersects with I-90. An oil train explosion along this stretch could be catastrophic.

“All of Cheney could be wiped out,” says Laura Ackerman, oil and coal campaign director at the environmental advocacy group the Lands Council. “All of these places could be wiped out.”

Last year, Washington lawmakers were unable to pass any legislation regarding oil trains. They’re trying again this session, and legislators are split on two competing proposals. In Spokane, the only urban center the trains pass through on their way to western Washington, the city’s officials have taken different approaches to potential legislation.

Earlier this month, two bills passed out of the House and Senate, respectively. They both seek to provide local communities with more information and resources for responding to an oil train derailment, but differ on how to do that.

The Senate version would require railroad companies to submit notices to be shared with local authorities on the route, time, volume and type of crude oil that was sent through their jurisdiction for the previous week. An amendment to the bill also requires a minimum of three crew members on trains carrying hazardous materials, four if the train is longer than 51 cars. It also creates grants for local first responders.

A competing bill in the House, backed by Gov. Jay Inslee, would go further by requiring rail companies to provide daily notices to local governments. Under the bill, rail companies would have to demonstrate the ability to pay for worst-case spills. It would also increase a per-barrel tax, that currently only applies to marine transport, from 4 cents to 8 cents. The tax, which is directed toward oil spill prevention, would also be applied to oil transported by rail and pipeline in Washington state.

“[The Senate bill] is too weak to declare victory, if that’s the one that passes,” says Spokane City Council President Ben Stuckart, who has traveled to Olympia to support the governor’s bill.

Proponents of the governor’s bill, which includes Spokane Democratic state Reps. Timm Ormsby and Marcus Riccelli, say that local governments should have daily notification of oil trains because different types of oil, such as Bakken crude, are more volatile and fires resulting from them are more difficult to put out, and first responders could be better prepared if they know what’s coming.

Opponents of requiring more frequent disclosure from rail companies say that the information could be hacked and land in the hands of terrorists, to which Stuckart responds, “I think we’ve got a lot bigger threat with oil trains than terrorists.”

Mayor David Condon has not been to Olympia to lobby on the bills, and he says he doesn’t have a firm position on either. But he might develop a firmer position as the session progresses.

“You know, I just got a side-by-side comparison [of the bills],” Condon tells the Inlander. “I haven’t had a chance to review them.”

Condon says he has been engaged on oil train safety, serving as co-chair on a committee with the Association of Washington Cities dedicated to freight rail. Local first responders have undergone training exercises to prepare for an oil train derailment, says Condon, and his administration has concentrated on making sure that planning and communication are in place for such an event.

Stuckart and Councilman Jon Snyder, however, would like to see the mayor push harder for better protections.

“I’d like to see him be more [engaged on the legislation],” says Snyder.

Inspectors find rotting ties, loose bolts, bad brakes in Rockland NY

Repost from The White Plains NY Journal News on LoHud.com

Rotting ties, loose bolts found on CSX track near Rockland

Khurram Saeed, March 17, 2015 4:50 p.m. EDT

Inspectors found five problem spots, including a number of deteriorated cross ties, between Newburgh and Haverstraw on CSX’s River Line, which carries oil trains through Rockland County.

TJN 0317 LoweyOilTrains
(Photo: Ricky Flores/The Journal News)

Crumbling railroad ties and loose bolts were some of the defects recently discovered on the freight line used by oil trains to travel through Rockland.

State and federal inspectors found five problem spots along 22 miles of track, including two switches, on CSX’s River Line from Newburgh to Haverstraw. The most serious defect was a number of deteriorated cross ties along a short section of track near the Rockland border in Fort Montgomery, Orange County.

The flaw, deemed a “critical defect,” doesn’t necessarily indicate a safety lapse but an important maintenance issue that “must be addressed,” Gov. Andrew Cuomo’s office said in a news release Tuesday. The cross ties have since been repaired.

Inspectors from the state Department of Transportation and the Federal Railroad Administration last week also identified four non-critical defects in Haverstraw and Fort Montgomery, including loose switch bolts and insufficient ballast.

Rockland County Executive Ed Day said CSX should be making these fixes “without being prompted” by the state.

“They’re breaking a trust with the public at this point and they really need to step up their game,” Day told The Journal News.

CSX spokesman Rob Doolittle said the railroad’s inspections on all crude oil routes exceed federal standards. He said those routes undergo visual inspections at least three times a week; track-geometry inspections two or three times a year; and ultrasound inspections three to 12 times a year.

“As part of our commitment to continuous improvement, we look for lessons that can be applied to our programs going forward whenever an external authority identifies a defect in our infrastructure,” Doolittle said in an email.

The state review was the latest in a series of inspections of nearly 1,000 miles of tracks and the tank cars that carry Bakken crude oil across New York. Up to 30 trains, typically made up of 100 tank cars, each week make their way south through four of Rockland’s five towns on their way to refineries.

Officials said statewide they uncovered 93 defects, seven of which were critical. They included thin brake shoes o NYn the tank cars and missing bolts on the rails. In all, state and federal inspectors examined 453 crude oil tank cars and approximately 148 miles of track.

DOT Commissioner Joan McDonald praised inspectors for finding “numerous track and rail car maintenance issues that were quickly addressed.” Non-critical defects have to be fixed with 30 days, while a tank car can’t leave the rail yard until its problem has been repaired.

Derailments this year involving mile-long trains hauling Bakken crude in the U.S. and Canada have further heightened concerns about their safety. That’s because some of the tank cars were newer models equipped with greater protections designed to reduce the risk of explosions and fires.

Last month, a Maine fire chief spoke in Rockland to warn firefighters and officials about the dangers and difficulty of battling Bakken crude fires.

Here are the major accidents involving oil trains so far this year:

  • Feb. 14: A 100-car Canadian National Railway train hauling crude oil and petroleum distillates derailed in a remote part of Ontario, Canada.
  • Feb. 16: A 109-car CSX oil train derailed and caught fire near Mount Carbon, West Virginia, leaking oil into a Kanawha River tributary and burning a house to its foundation.
  • March 5: Twenty-one cars of a 105-car Burlington Northern-Santa Fe train hauling oil from the Bakken region of North Dakota derailed about 3 miles outside Galena, Illinois, a town of about 3,000 in the state’s northwest corner.
  • March 7: A 94-car Canadian National Railway crude oil train derailed about 3 miles outside the Northern Ontario town of Gogama and destroyed a bridge. The accident was only 23 miles from the Feb. 14th derailment.

Last year, railroads moved nearly 500,000 tank cars of crude oil compared to just 9,500 in 2008, according to the Association of American Railroads. Amid this domestic oil boom, new federal safety regulations for the tank cars are being finalized and expected to be made public in May.

The Associated Press contributed information to this article.

Heavy oil train cars may have contributed to rail failures in recent derailments

Repost from The Wall Street Journal

Track May Have Played Role in Canadian Oil-Train Derailments

Transportation Safety Board concerned about state of rails in the Gogama region

ByPaul VieiraPaul Vieira, March 17, 2015 5:51 p.m. ET
WSJ_tracks-derail
Canadian investigators say the state of the train tracks in the part of northern Ontario where two oil trains operated by Canadian National Railway derailed in separate incidents recently may have played a role in the accidents. Photo: Reuters

OTTAWA—Canadian investigators said the state of the train tracks in the part of northern Ontario where two oil trains operated by Canadian National Railway Co. derailed recently in separate incidents may have played a part in the accidents.

The Transportation Safety Board of Canada said the second incident, which occurred near Gogama, Ontario, earlier this month, ignited a fireball that led to the destruction of a steel bridge.

It also said Canada’s latest move to toughen standards for railcars carrying crude, unveiled last week after the second derailment in northern Ontario, is promising, but it expressed concerns about the speed at which they will come into effect.

Petroleum crude-oil unit trains transporting heavily-loaded tank cars will tend to impart higher than usual forces to the track infrastructure during their operation.’          —Canada’s Transportation Safety Board

The state of the track in the Gogama region, about 120 miles north of mining center Sudbury, Ontario, was of such concern to the safety board that the agency said it sent a letter to Canada’s Transport Department asking officials take a closer look at the rail infrastructure to determine whether further risk-mitigation measures were required, given the increased popularity of shipping crude oil by rail.

“Petroleum crude-oil unit trains transporting heavily-loaded tank cars will tend to impart higher than usual forces to the track infrastructure during their operation. These higher forces expose any weaknesses that may be present in the track structure, making the track more susceptible to failure,” the board said.

A spokesman for Montreal-based Canadian National said the company is cooperating with investigators and wants to identify “any measures that must be taken to protect the public and the environment.” Meanwhile, the railroad said it has boosted inspection procedures on this northern Ontario rail corridor.

A representative for Canadian Transport Minister Lisa Raitt said the government has asked the railroad to report to officials about concerns raised to date over the March 7 derailment. The spokesman added Ms. Raitt has encouraged lawmakers to call Canadian National executives before a parliamentary committee to testify about rail safety.

The March derailment in northern Ontario involved 39 cars, the safety board said, and caused a fire that burned until March 10. There were no reported injuries.

The incident followed a derailment of another crude-carrying train on Feb. 14. That incident also caused a fire but no injuries.

These incidents were part of a larger number of recent oil train derailments in North America, in which new and sturdier tanker cars being built to carry a rising tide of crude across the continent failed to prevent ruptures.

League of California Cities: Policy & Advocacy on Oil by Rail

Repost from The League of California Cities


Oil by Rail

Since summer 2014, the League of California Cities has been carefully monitoring transport of crude oil and other hazardous materials by rail. Staff has researched this issue as part of an ongoing effort to educate our members, and to better advocate for improved rail safety.

To that end, the League has taken the following actions on this issue:

  1. September 2014: Hosted a meeting on Oil by Rail, as part of the proceedings of the League’s Annual Conference in Los Angeles, to update members on recent state legislative and budgetary actions geared toward improving rail safety and improving first responder capability to address derailments involving hazardous materials
  2. September 2014: Issued a Comment Letter to the Department of Transportation on the pending federal rulemaking on rail safety improvements. In that letter, the League called for improved information flow to, and improved training for, first responders, as well as requiring improved safety features for tank cars transporting crude oil, which had already been recommended by federal regulatory agencies.
  3. October-November 2014: Held a series of educational webinars for League members (see links below). The goals of these webinars were to enhance members’ understanding of the transport of hazardous materials by rail generally, the extent of federal pre-emption of rail safety regulations, and the narrow remainder in which local governments are allowed to regulate.  Finally, staff shared with League members the League’s draft policy for safety recommendations to help guide local advocacy efforts on this issue with federal agencies and the relevant federal representatives.
  4. February 2015: Featured in Western City, the League’s monthly magazine, a cover article on this issue, entitled A Growing Risk: Oil Trains Raise Concerns by Cory Golden.
  5. February 20, 2015: The League Board of Directors approved the draft Recommendations for Improved Rail Safety as the League’s official policy.  These recommendations were based on common themes that arose in multiple state regulatory entities’ comment letters, including the Office of Emergency Services, the California Interagency Rail Safety Working Group, and the California Public Utilities Commission.
  6. March 6, 2015: League of California Cities Executive Director Chris McKenzie issued a letter to U.S. Transportation Secretary Anthony Foxx, submitting ten key recommendations for improving rail safety based on the League’s newly adopted policy, and requested expedited action on their implementation. The letter emphasized that the requested changes be implemented as mandates, rather than recommendations to the relevant industries, that they be accompanied by hard deadlines, and finally, that they be included in the final rule for the Safe Transportation of Crude Oil and Flammable Materials currently under consideration by federal authorities.

Below are links to many of the items referred to above, as well as a sample letter for local jurisdictions to use in advocating to their federal elected officials and to Transportation Secretary Foxx.

Background Materials

Additional Resources