GAO report on rail shipping trends and community congestion

Repost from the US Government Accountability Office (GAO)
[Editor: RESEARCHERS TAKE NOTE…this newly released GAO report has significant findings regarding the upsurge in rail shipments of crude and its impact on traffic congestion on the rails and at crossings.   Unfortunately, the data is only as of 2012.  Still, the 75-page report itself is rich with references to crude by rail and charts that might prove useful.   – RS]

Freight Transportation: Developing National Strategy Would Benefit from Added Focus on Community Congestion Impacts

GAO-14-740: Published: Sep 19, 2014. Publicly Released: Sep 26, 2014

What GAO Found

Recent trends in freight flows, if they continue as expected, may exacerbate congestion issues in communities, particularly along certain corridors. As of 2012, the latest year for which data were available, national freight rail and truck traffic had approached levels of 2007 prior to the economic recession. Certain trends related to specific commodities have affected rail flows, including increases in domestic crude oil production [emphasis added].  A key negative impact of increasing freight flows is congestion at highway-rail grade crossings, where road traffic must wait to cross the tracks when trains are passing. For example, a Miami-area study found that rail crossings in the area caused delays of roughly 235,000 person-hours per year at a cost of $2.4 million. Although several communities we visited had documented long-standing concerns over freight-related traffic congestion, state and local stakeholders we met with had varying levels of quantified information regarding the extent of the impacts or costs to the community. For example, in contrast to the Miami study, another study we reviewed included some information on train counts, but did not document hours of delay or any costs associated with such delays.

The Department of Transportation’s (DOT) efforts to implement the freight-related provisions of the Moving Ahead for Progress in the 21st Century Act (MAP-21) are still underway but so far do not fully consider freight-related traffic congestion. MAP-21’s freight policy goals do not explicitly include addressing freight-related traffic congestion, but MAP-21 requires DOT to identify best practices to mitigate the impacts of freight movement on communities in a national freight strategic plan, which is due in October 2015. MAP-21’s requirements and DOT’s efforts so far do not fully establish the federal role or identify goals, objectives, or performance measures in this area, which may limit the usefulness of the National Freight Strategic Plan . For example:

DOT issued for comment a required draft primary freight network, but according to DOT and other stakeholders, MAP-21’s lack of defined purpose for the primary freight network and mileage limit of 27,000 miles hampered DOT’s ability to include in this draft network some types of roads where local traffic congestion impacts of national freight movements are often experienced, such as roads connecting ports to freeways. The significance of the 27,000 mileage limitation is not clear. DOT released a surface transportation reauthorization proposal in April 2014 that proposed establishing a multimodal national freight network with a defined purpose and with no mileage limit.

DOT is currently developing the Freight Transportation Conditions and Performance Report , which is to support the National Freight Strategic Plan . For this and other documents, DOT established a broad goal to reduce freight-related community impacts. However, DOT did not identify clear goals, objectives, or measures related to freight-related traffic congestion in local communities due to a lack of reliable national data. Thus, a clear federal role has not been established. High-quality data are essential to supporting sound planning and decision-making. Without reliable national data, it will be difficult for DOT to establish goals and objectives and to define the extent of freight-related traffic congestion and measure performance.

Why GAO Did This Study

Projected increases in the transport of freight by rail and truck may produce economic benefits but also increase traffic congestion in communities. MAP-21, which contains a number of provisions designed to enhance freight mobility, is currently before Congress for reauthorization. GAO was asked to review trends in freight flows and any related traffic-congestion impacts.

This report addresses among other things: (1) recent changes in U.S. rail and truck freight flows and the extent to which related traffic congestion is reported to impact communities, and (2) the extent to which DOT’s efforts to implement MAP-21 address freight-related traffic congestion in communities. GAO analyzed rail data from 2007 through 2012 and highway data from 2010 and 2012 and reviewed 24 freight-related traffic congestion mitigation projects at 12 locations selected on the basis of different geographical locations and sizes. The results are not generalizable. GAO also reviewed federal laws and interviewed freight stakeholders.

What GAO Recommends

Congress should consider clarifying the purpose of the primary freight network and, as relevant to this purpose, revising the mileage limit requirement.

DOT should clarify the federal role for mitigating local freight-related congestion in the National Freight Strategic Plan , including a strategy for improving needed data. DOT concurred with the recommendations.

For more information, contact Susan Fleming at (202) 512-4431 or flemings@gao.gov.

Oil industry sets voluntary rail rules

Repost from The Hill
[Editor: an end run around new federal rules?  an industry signal intended for rulemakers?  See the new oil industry guidelines here.  – RS]

Oil industry sets voluntary rail rules

By Timothy Cama – 09/25/14

Facing potential new federal regulations restricting how it can move crude oil by rail, the oil industry is setting its own voluntary standards for safety.

The American Petroleum Institute (API), which acts both as a lobbying group for the oil sector and a standard-setting body, published the 46-page guidelines Thursday.

“This particular standard is one element of a much broader approach to safety improvement,” Jack Gerard, president of API, said in a statement.

“A comprehensive effort that addresses accident prevention, mitigation and response is essential to achieving our goal of zero incidents for crude by rail shipments,” he said.

Following a string of disasters involving oil train explosions, the Transportation Department proposed a set of new rules for oil transport by rail in July.

While those standards and similar ones in Canada seek to phase out old rail cars that are often blamed for the most dangerous explosions, environmentalists and safety advocates have pushed for more action.

API did not take a stand on that proposal. But in Thursday’s standards, the oil industry is pulling out ahead of the issue with its own actions.

The new standards focus heavily on properly testing crude oil for classification to prepare it for shipment. But the standards also dictate how to fill tank cars so they are not overfilled.

API said it wants to help the industry to comply with Pipeline and Hazardous Materials Safety Administration (PHMSA) rules.

“Proper testing, classification and handling are important when shipping any material subject to PHMSA regulations, and crude oil is no exception,” Gerard said.

Federal regulator for U.S. oil trains to step down

Repost from Reuters
[Editor: Watch industry lobbying efforts as the scramble for power ensues.  For instance … note the posturing in this article by  Lynn Helms, director of the North Dakota Department of Mineral Resources, who reportedly said “dealings with Quarterman have improved in recent months as oil train hysteria has subsided.”  Nice  to know that our concern for safety and clean air is so easily dismissed as hysteria.  – RS]

Quarterman, regulator for U.S. oil trains, to step down: sources

By Patrick Rucker, WASHINGTON, Sep 24, 2014
Top Oil Train Regulator Is Stepping Down
PHMSA Administrator Cynthia Quarterman, left, during House testimony (Photo by Scott J. Ferrell/Congressional Quarterly)

(Reuters) – Cynthia Quarterman, the federal regulator who oversaw expansion of the U.S. oil train sector and the fallout from several fiery derailments, will step down, two sources familiar with her intentions said on Wednesday.

As administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA) since November 2009, Quarterman has been a leading safety official as oil train deliveries from North Dakota neared 750,000 barrels a day and spectacular derailments in the United States and Canada raised concerns about such shipments.

PHMSA, an agency within the U.S. Department of Transportation, has been under scrutiny for more than a year as officials have tried to respond to the hazards posed by oil train cargoes, which have grown in volume along with a rise in domestic crude production.

PHMSA did not confirm Quarterman’s departure, which reportedly will come next week.

Quarterman, previously an attorney whose practice focused on the transportation and energy industries, was often the face of federal policy, defending government actions to lawmakers, industry and safety advocates.

“If you have upset everyone a little, you’re probably doing a good job,” said Brigham McCown, a former PHMSA head.

“The prevailing view is she’s done a good job in challenging times,” McCown said.

Among other things PHMSA has been tasked with writing new safety standards for oil trains and other hazardous cargo. Tuesday marks a deadline for public comment on the proposed safety rules.

Quarterman and other regulators have often been caught between energy interests who argue oil-by-rail safety concerns are inflated and political leaders who represent communities along the tracks.

Lynn Helms, director of the North Dakota Department of Mineral Resources, said dealings with Quarterman have improved in recent months as oil train hysteria has subsided.

“As we moved to more of a science-based approach, things smoothed out,” he said. “Our more recent work with Quarterman and (U.S. Transportation Secretary Anthony) Foxx has been very, very positive.”

Another major incident on Quarterman’s watch was the pipeline rupture in Mayflower, Arkansas, in March 2013. About 5,000 barrels of crude oil spilled from a line that is part of Exxon Mobil’s Pegasus pipeline from Illinois to Texas.

(Reporting by Patrick Rucker; additional reporting by Ernest Scheyder in North Dakota; Editing by Ros Krasny and Sandra Maler)

Groups Challenge Sacramento Air District’s Furtive Approvals of Crude Oil Project

Repost from The Sacramento Bee
[Editor: See also EarthJustice’s account, and a Public News Service brief that appeared in the Benicia Herald.  Significant quote: “It’s becoming increasingly clear in California that the oil industry is cozying up to decision-makers who are deliberately bypassing environmental and health laws to usher in perilous oil transport projects that put people in danger,” – EarthJustice attorney Suma Peesapati.  – RS]

Sacramento air quality officials sued over crude oil trains

By Tony Bizjak, Tuesday, Sep. 23, 2014

A Bay Area environmental group has filed a lawsuit against the Sacramento Metropolitan Air Quality Management District for failing to require an environmental review of a crude oil transfer station at McClellan Business Park.

The group, Earthjustice, accuses local air quality managers of quietly rubber-stamping permits for InterState Oil Company, allowing it to use McClellan as a site for transferring highly flammable crude oil from trains into tanker trucks headed to Bay Area refineries.

Earthjustice filed the complaint Monday in Sacramento Superior Court on behalf of the Sierra Club. It charges that Sacramento air quality officials and InterState failed to review the potential hazards of running trains of inadequately designed tank cars full of crude oil through neighborhoods, and asks the court to halt the transfer operations until a full environmental review is conducted.

InterState Oil Company has been making the transfers at McClellan since last year, initially without applying for a permit. Inspectors with the air quality district discovered the oil transfers and required InterState to file for a permit, but did not require the company to conduct any review of the environmental impact of the project. Permit documents allow InterState to unload an estimated 100 train cars every two weeks. Officials with InterState could not be reached for comment.

Air district official Larry Greene told The Sacramento Bee last month that the oil company had an existing permit to transfer denatured alcohol and that the switch to crude oil transfers didn’t cause any emissions increases. The district issued a permit this year for crude-oil transfers but considered that action “ministerial,” meaning it did not trigger an environmental review, Greene said.

Environmental groups said they see that stance as an abrogation of duty by local regulators.

“It’s becoming increasingly clear in California that the oil industry is cozying up to decision-makers who are deliberately bypassing environmental and health laws to usher in perilous oil transport projects that put people in danger,” said Suma Peesapati, Earthjustice attorney. “We saw it in Richmond, we saw it in Kern County, and now we’re witnessing it in Sacramento. If we’re going to stem the flood of fossil fuels into California and protect the public from hastily approved, poorly planned projects, we demand transparent and law-abiding leadership.”

“This is an example of a public agency skirting the law and failing to ensure that everything possible is done to protect the public,” said Terry Davis of the Mother Lode Chapter of the Sierra Club.

Earthjustice recently sued a similar operation in the Bay Area city of Richmond, where the Kinder Morgan oil transportation company currently moves volatile Bakken crude oil from trains to trucks that take it to local refineries. That lawsuit was rejected a few weeks ago in court when a judge ruled the six-month statute of limitations for a lawsuit had expired. That project involves 100-car oil trains that come through midtown Sacramento.

Attorney Peesapati of Earthjustice said she does not believe the statute of limitations issue applies in the Sacramento case because this week’s lawsuit is within six months of the air quality district’s initial permit issuance this year.

A handful of recent derailments and explosions involving trains carrying crude oil, notably the lighter and more volatile Bakken crude oil from North Dakota, have prompted federal and state officials to push for more rail safety measures.

Read more here: http://www.sacbee.com/2014/09/23/6729786/sacramento-air-quality-officials.html#storylink=cpy