All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent
CPC-1232, Crude By Rail, DOT-111, Emergency Readiness & Response, Ethanol, Federal Regulation (U.S.), Hazmat notification, Public Safety, Rail Safety, Train inspection, Train length, Train speed

In case you missed it last week: Fed emergency order, advisories & notices on safety of hazmat trains

Repost from NBC12 Richmond, VA
[Editor: You would NOT BELIEVE the NUMBER of news stories on the Friday 4/17 release of federal orders by the DOT, FRA and PHMSA.  I won’t post a long list here – for a sample, just Google “oil train speed” and look through the 9,800 hits when you limit results to NEWS in the last week!  Better: just read the summary below.  For a good critique, see Law360.com’s “Enviro Groups Call DOT’s Oil Train Speed Limit ‘Toothless'”.   – RS]

Agencies coordinate actions to increase safe transportation of energy products

By Mike McDaniel, Updated: Apr 20, 2015 6:37 AM PDT

The U.S. Department of Transportation (DOT) announces with its agencies, the Federal Railroad Administration (FRA) and Pipeline and Hazardous Materials Safety Administration (PHMSA), a package of targeted actions that will address some of the issues identified in recent train accidents involving crude oil and ethanol shipped by rail.  The volume of crude oil being shipped by rail has increased exponentially in recent years, and the number of significant accidents involving trains carrying ethanol or crude oil is unprecedented.

“The boom in crude oil production, and transportation of that crude, poses a serious threat to public safety,” stated U.S. Transportation Secretary Anthony Foxx. “The measures we are announcing today are a result of lessons learned from recent accidents and are steps we are able to take today to improve safety. Our efforts in partnership with agencies throughout this Administration show that this is more than a transportation issue, and we are not done yet.”

These actions represent the latest in a series of more than two dozen that DOT has initiated over the last nineteen months to address the significant threat to public safety that accidents involving trains carrying highly flammable liquids can represent. Today’s announcement includes one Emergency Order, two Safety Advisories, and notices to industry intended to further enhance the safe shipment of Class 3 flammable liquids.

Actions

  1. Preliminary investigation of one recent derailment indicates that a mechanical defect involving a broken tank car wheel may have caused or contributed to the incident.  The Federal Railroad Administration is therefore recommending that only the highest skilled inspectors conduct brake and mechanical inspections of trains transporting large quantities of flammable liquids, and that industry decrease the threshold for wayside detectors that measure wheel impacts, to ensure the wheel integrity of tank cars in those trains.
  2. Recent accidents revealed that certain critical information about the train and its cargo needs to be immediately available for use by emergency responders or federal investigators who arrive on scene shortly after an incident.   To address the information gap, DOT is taking several actions to remind both the oil industry and the rail industry of their obligation to provide these critical details
  • PHMSA is issuing a safety advisory reminding carriers and shippers of the specific types of information (*listed below) that they must make immediately available to emergency responders;
  • FRA and PHMSA are issuing a joint safety advisory requesting that specific information (*listed below) also be made readily available to investigators;
  • FRA is sending a request to the Association of American Railroads asking the industry to develop a formal process by which this specific information (*listed below) becomes available to both emergency responders and investigators within 90 minutes of initial contact with an investigator, and;
  • FRA submitted to the Federal Register a notice proposing to expand the information collected on certain required accident reports, so that information specific to accidents involving trains transporting crude oil is reported.
  1. DOT has determined that public safety compels issuance of an Emergency Order to require that trains transporting large amounts of Class 3 flammable liquid through certain highly populated areas adhere to a maximum authorized operating speed limit of 40 miles per hour in High Threat Urban Areas. Under the EO, an affected train is one that contains: 1) 20 or more loaded tank cars in a continuous block, or 35 or more loaded tank cars, of Class 3 flammable liquid; and, 2) at least one DOT Specification 111 (DOT-111) tank car (including those built in accordance with Association of American Railroads (AAR) Casualty Prevention Circular 1232 (CPC-1232)) loaded with a Class 3 flammable liquid.

“These are important, common-sense steps that will protect railroad employees and residents of communities along rail lines.  Taking the opportunity to review safety steps and to refresh information before moving forward is a standard safety practice in many industries and we expect the shipping and carrier industries to do the same,” said Acting FRA Administrator Sarah Feinberg.

“Our first priority is to prevent these accidents from ever happening,” stated Acting PHMSA Administrator Tim Butters.  “But when accidents do occur, first responders need to have the right information quickly, so we are reminding carriers and shippers of their responsibility to have the required information readily available and up to date.”

The actions taken today coincide with actions being taken by other government agencies including the Department of Homeland Security (DHS), the Federal Emergency Management Agency (FEMA), the Environmental Protection Agency (EPA), and the Department of Energy (DOE).

*Information required by PHMSA Safety Advisory

  • Basic description and technical name of the hazardous material  the immediate hazard to health;
  • Risks of fire or explosion;
  • Immediate precautions to be taken in the event of an accident;
  • Immediate methods for handling fires;
  • Initial methods for handling spills or leaks in the absence of fire;
  • Preliminary first aid measures; and
  • 24-hour telephone number for immediate access to product information.

*Information sought by U.S. DOT in the event of a crude-by-rail accident:

  • Information on the train consist, including the train number, locomotive(s), locomotives as distributed power, end-of-train device information, number and position of tank cars in the train, tank car reporting marks, and the tank car specifications and relevant attributes of the tank cars in the train.
  • Waybill (origin and destination) information
  • The Safety Data Sheet(s) or any other documents used to provide comprehensive emergency response and incident mitigation information for Class 3 flammable liquids
  • Results of any product testing undertaken prior to transportation that was used to properly characterize the Class 3 flammable liquids for transportation (initial testing)
  • Results from any analysis of product sample(s) (taken prior to being offered into transportation) from tank car(s) involved in the derailment
  • Date of acceptance as required to be noted on shipping papers under 49 CFR § 174.24.
  • If a refined flammable liquid is involved, the type of liquid and the name and location of the company extracting the material
  • The identification of the company having initial testing performed (sampling and analysis of material) and information on the lab (if external) conducting the analysis.
  • Name and location of the company transporting the material from well head to loading facility or terminal.
  • Name and location of the company that owns and that operates the terminal or loading facility that loaded the product for rail transportation.
  • Name of the Railroad(s) handling the tank car(s) at any time from point of origin to destination and a timeline of handling changes between railroads.

Since 2013 there have been 23 crude-related train accidents in the United States with the majority of incidents occurring without the release of any crude oil product.  The actions taken today can be found at the following link:

All documents are available at:http://www.phmsa.dot.gov/hazmat/osd/chronology.

Rail Safety, Railroad workers, Train crew size

Rail Safety bill passes out of California Senate Committee

From an email Press Release…
[Editor:  To read and track the bill, see LegTrak at http://www.legtrack.com/bill.html?bill=201520160SB730.  – RS]

Rail Safety bill passes out of Senate Committee

Bill requires minimum two–person train crews
April 23, 2015, Contact: Monica Schmalenberger, (916) 651-4003

SACRAMENTO—Legislation authored by Senator Lois Wolk (D-Davis) to protect communities along rail lines by requiring a safe crew size for trains operating within California secured passage from the Senate Labor Committee yesterday on a 4-1 vote.

“Today’s freight trains carry extremely dangerous materials, including Bakken crude oil, pesticides and rocket fuel that may pose significant health and safety risks to communities and our environment in the case of an accident,” said Wolk. “With over 6000 miles of railroad track that crisscrosses the state through wilderness and urban areas, the potential for derailment or other accidents containing these materials is an ever present danger.”

SB 730 prohibits a train or light engine hauling freight in California from being operated unless it has a crew consisting of at least 2 people.   It also authorizes the California Public Utilities Commission to assess civil penalties against anyone who willfully violates this prohibition.

The California Public Utilities Commission voted unanimously last week to support SB 730, stating that requiring two-person crews is a straightforward way of ensuring two qualified crew members continue to operate freight trains in California until such time as the rules and practices of safe operation may be updated for safer operation with smaller crews.  According to the Commission, of all the industries subject to their oversight — energy, water, telecommunications, and transportation — rail accidents result in the greatest number of fatalities each year.

“SB 730 is a great step toward enhancing safety and security on our state’s rail system by requiring two operating crew members to be on board each freight train and light engine,” said Timothy Smith, State Chairman of the Brotherhood of Locomotive Engineers & Trainmen, the sponsor of SB 730,  “This is very similar to the necessity of having a pilot and co-pilot on every airliner.  The people of this great state demand this type of check and balance for the sake of rail safety and rail security for themselves and our environment.  If SB 730 becomes law, the railroad industry will move one major step closer to ensuring that those goals are realized.”

SB 730 will next be heard in the Senate Appropriations Committee.

Crude By Rail, Federal Regulation (U.S.), Oil conditioning, Oil industry lobby, Oil stabilization, Pipeline transport, State regulation

Rep. Jackie Speier (D-CA) Declares Pipeline and Oil-by-Rail Regulatory System “Fundamentally Broken”

Repost from DeSmogBlog
[Editor:  This excellent DeSmogBlog article is more about the power of the oil industry lobby than it is about Rep. Speier.  For video and transcript of Rep. Speier’s comments go to YouTube: “Congresswoman Speier calls PHMSA toothless kitten.” On her Facebook page, Speier recommends more about PHMSA’s pipeline regulatory failings at POLITICO Magazine.”  – RS]

Congresswoman Declares Pipeline and Oil-by-Rail Regulatory System “Fundamentally Broken”

By Justin Mikulka, April 23, 2015 – 04:58

“The system is fundamentally broken.”

Those were the words of Rep. Jackie Speier (D-CA) during an April 14th hearing on oil-by-rail and pipeline safety.

For anyone expecting the soon to be released oil-by-rail regulations to make any meaningful improvements to safety, it would be wise to review the full comments made by Rep. Speier.

It has been more than four years since a gas pipeline exploded in Speier’s district in San Bruno, California resulting in eight deaths, huge fires and destruction of a neighborhood. In her testimony she recounted how the state regulators were clearly in league with industry prior to this accident. And in the time since she has come to find that federal regulators, the Pipeline and Hazardous Materials Safety Administration (PHMSA), “does not have the teeth—or the will—to enforce pipeline safety in this country.”

PHMSA is the agency also in charge of the new oil-by-rail regulations as it is a division of the Federal Railroad Administration (FRA). One thing is certain — the new regulations won’t address the volatility of Bakken oil. The White House has already decided that the regulations will not deal with this issue and instead they left it up to North Dakota to deal with it.

North Dakota passed regulations that went into effect April 1 that require the oil to be “conditioned” prior to shipment by rail to address the volatility. However, as has been documented on DeSmogBlog before, conditioning doesn’t remove the volatile and explosive natural gas liquids from the oil. That requires a process known as stabilization.

So with no rules in place to require the oil to be stabilized, future train accidents involving Bakken oil will very likely be similar to the seven that have occurred since July 2013. Huge fires, exploding tank cars and the now all too familiar Bakken mushroom cloud of flame.

There have been seven accidents and it has been the same in all of them. But the White House has decided that the regulations don’t need to address this issue.

Recently the Department of Energy (DOE) got involved in the discussion about Bakken crude with the release of a document called Literature Survey of Crude Oil Properties Relevant to Handling and Fire Safety in Transport.

It is interesting that the DOE is commissioning reports on this topic since the department has no regulatory oversight of oil-by-rail. The report received little attention upon its release, although it was immediately touted by the American Petroleum Institute (API) as proving that the characteristics of crude oil had nothing to do with the fires occurring in the Bakken train accidents.

The API press release stated, “The Department of Energy found no data showing correlation between crude oil properties and the likelihood or severity of a fire caused by a derailment.”

During the recent hearing, this new DOE report was cited twice by two separate members of Congress. They both used the report to question a statement recently made by Federal Railroad Administration acting administrator Sarah Feinberg regarding the need for the oil companies to reduce the vapor pressure and volatility of oil for rail transport. Reducing the vapor pressure and volatility would require stabilization.

Early in the hearing, Rep. Lou Barletta (D-PA) read a question that contained the exact same description of the report’s conclusion as the API press release.

“You [Feinberg] have recently called on the energy industry to quote ‘do more to control the volatility of its cargo.’ You may have seen a recent report from the Department of Energy where the agency found no data showing correlation between crude oil properties and the likelihood or severity of a fire caused by a derailment.”

Rep. Barletta received $106,540 from big rail in the last election cycle.

Later in the hearing, Rep. Brian Babin (R-TX) read the exact same statement. It appeared even Feinberg was a bit surprised at being asked the exact same question by two different congressmen as she responded, “I’m happy to take that question again.”

Rep. Babin received $37,550 from the oil industry in the last election cycle with $7,500 coming from Exxon Mobil.

So, while the API wasn’t at this hearing, they had two members of Congress directly reading prepared questions that echoed their press release on the DOE report word for word.

Watch video of the two identical questions asked at the hearing:

The first important thing to note about the “no data” talking point is that it is true. The report did not find data on this because that isn’t what the report was designed to do. The report reviewed three field sampling studies on the characteristics of Bakken crude oil. None of these studies looked at “correlation between crude oil properties and the likelihood or severity of a fire caused by a derailment.”

It is easy to say you found “no data” when you know there is none in your source material to begin with.

Perhaps the most insidious part of this is that no one at the hearing called them on their blatant mischaracterization of the report and their ignorance of the science of Bakken oil and volatility.

In a recent article about the volatility of oil in Al Jazeera, an actual petroleum engineer clearly stated what is widely known in the oil and rail industries but is “debated” by the API and congress and regulators to avoid having to regulate the Bakken crude.

“The notion that this requires significant research and development is a bunch of BS,” said Ramanan Krishnamoorti, a professor of petroleum engineering at the University of Houston. “The science behind this has been revealed over 80 years ago, and developing a simple spreadsheet to calculate risk based on composition and vapor pressure is trivial. This can be done today.”

A bunch of BS. The oil industry, DOE, FRA and PHMSA want us to believe that the properties of oil aren’t currently understood. And as outrageous as that assertion is, multiple hearings and reports have been conducted on the matter. And many more will occur before anything is done.

The DOE report outlines all of the further research the department will be doing on this issue over the next couple of years.

And as previously reported on DeSmogBlog, the exact same thing is happening with tar sands oil and dilbit. Hearings, studies, reports. With many of the studies and reports being directly funded by the American Petroleum Institute and its members. All dragging on years after major incidents like the Kalamazoo River dilbit spill.

In her testimony, Rep. Speier didn’t hold back on her feelings about the failures of the regulatory system.

PHMSA is not only a toothless tiger, but one that has overdosed on Quaaludes and is passed out on the job.

But the reality is that PHMSA is just a small piece of the much larger puzzle that includes the Department of Energy, the White House, the Federal Railroad Administration and first and foremost, the American Petroleum Institute and their supporters at all levels.

A couple of days after the hearing, FRA acting administrator Sarah Feinberg appeared on Rachel Maddow’s show to discuss this problem and said the following regarding stabilization of oil.

“The science is still out. The verdict is still out on what the best way is to treat this product before placing it into transport.”

Watch FRA acting administrator Sarah Feinberg in this Maddow clip:

But the science isn’t still out. Even in the DOE report, it clearly states that the oil needs to be stabilized to reduce the vapor pressure and that conditioning the oil, as they currently require in North Dakota, does not accomplish this.

To add to the absurdity of this situation, Feinberg admitted to Maddow that the oil industry stabilizes the oil before it is transported in pipelines or on ships. Apparently the science is crystal clear in those cases.

So while Feinberg got beat up at the hearing by congressmen and their API talking points, there was Feinberg on Maddow’s show spouting other API talking points.

Rep. Speier is probably wrong. The system isn’t fundamentally broken. This would be true if the system was designed to keep the public safe, but it isn’t. The system is designed to keep corporate profits safe so the reality is that the system is working as designed. And the bomb trains continue to roll.

Big Oil, Earth Day, Farming, Fracking, Ground water contamination, Injection wells

Earth Day: Tell Big Oil to knock it off – plug-and-play tweets and posts

Repost from Stop Fooling California (On Twitter)
[Editor:  Some thoughtful and clever images below.  Repost wherever….  – RS]

Stop Fooling California

April 23, 2015

Stop Fooling CAYesterday we celebrated the 45th anniversary of Earth Day.

And you can’t think of the earth without thinking about the way Big Oil’s business model is based on exploiting resources that belong to us all.

Case in point: Kern County’s depleting oil fields is a symptom of ecological overshooting. And Big Oil adds insult to injury when they contaminate our precious water supply with their toxic waste.
Perhaps actor Ed Begley, Jr., summed it up best, “I don’t understand why when we destroy something created by man we call it vandalism, but when we destroy something created by nature we call it progress.”

This Earth Day let’s tell Big Oil to knock it off – for the sake of every person living here. Find plug-and-play tweets and posts below to help get the word out.

Embedded image permalinkTwitter: #BigOil is contaminating CA’s aquifers. Shut them down #waternotoil #StopFoolingCA  @cleanh2oca pic.twitter.com/rvN1Ye4hOD
Facebook:  Everyday, the oil industry is contaminating California’s aquifers.
#WaterNotOil
Embedded image permalinkTwitter: #BigOil illegally dumps chemical waste in hundreds of unlined pits in #Kern. #WaterNotOil #CAdrought #StopFoolingCA pic.twitter.com/ZiDDiXcY9W
Facebook:  Big Oil illegally dumps chemical waste into hundreds of unlined pits in Kern County. You know, so it can seep back into the ground.Why? How do you dispose of your toxic waste?#WaterNotOil
Embedded image permalinkTwitter: #BigOil’s waste forced farmers 2 pull up crops. Just. Stop it. #WaterNotOil #StopFoolingCA pic.twitter.com/pomWu2PSwg
Facebook:  Mike Hopkins had to pull up his cherry trees in 2013 and filed a lawsuit against the oil companies with injection wells around his orchards.“We’re farmers,” Hopkins said. Pulling up the withered fruit trees “broke our hearts.”
Read about Mike here: http://www.pressdemocrat.com/news/3489997-181/california-allowed-oilfield-dumping-into?page=3
Embedded image permalinkTwitter:Of all the ways to waste water, #fracking is definitely the dumbest. http://bit.ly/1DpwYyo #StopFoolingCA #CADrought pic.twitter.com/vvUeOsZdjH
Facebook:
Out of all the ways to waste water in California, oil extraction is possibly the worst and definitely the dumbest.
#StopFoolingCA
Embedded image permalinkTwitter: Looks like an action movie. It’s actually just @BP_Press making “safe” #energy http://lat.ms/1zCsbEQ pic.twitter.com/3FKIwIkKYM
Facebook:  It’s been five years since BP’s Deepwater Horizon exploded in the Gulf of Mexico, killing 11 people and spilling millions of gallons of crude oil.Yet the risk to the Gulf of Mexico is as high as ever.How’d Big Oil pull that off?http://www.latimes.com/opinion/op-ed/la-oe-0420-smith-bp-20150420-story.html
Embedded image permalinkTwitter: “Toxic chemicals #BigOil pumps into our water a #tradesecret.” -Nobody ever. #StopFoolingCA http://bit.ly/1INhS5H  pic.twitter.com/yMhlCnk6nf
Facebook:  We respect intellectual property. For example, McDonald’s doesn’t need to tell us what’s in its secret sauce (although we know it’s just Thousand Island Dressing, right?).But you know what we can’t respect? Not telling us what toxic chemicals you’re pumping into our water because it’s a ‘trade secret.’ That’s not your water, Big Oil.http://bit.ly/1INhS5H
#ShutThemDown #WaterNotOil #StopFoolingCA