Crude By Rail, Derailment, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), Fire, High Hazard Flammable Trains (HHFTs)

Feds Propose New Safety Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains

By Roger Straw, July 20, 2016

Following are links to 4 sources with information about the PHMSA’s new proposed rules.  First from the PHMSA itself, then ThinkProgress, Bakken Magazine, and the California Association of Counties.

PHMSA Proposes New Safety Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains

Pipeline and Hazardous Materials Safety Administration
By Artealia Gilliard, 7/13/16

WASHINGTON – The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Railroad Administration (FRA), today announced proposed regulations for Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains (HHFTs) to improve oil spill response readiness and mitigate effects of rail incidents involving petroleum oil. The proposed rule would update and clarify the comprehensive oil spill response plan requirements for certain trains, and would require railroads to share information with state and tribal emergency response commissions to improve community preparedness for potential accidents. The rule would also incorporate a test method for initial boiling point for flammable liquids into the hazardous materials regulations. (continued…)

New Federal Rules Proposed for High-Hazard Flammable Trains

Calif. State Ass’n of Counties
By Karen Keene, Cara Martinson, 7/21/16

Two federal agencies are working on new regulations related to so-called “oil trains” that have become more common recently. The goal is to improve oil spill response readiness and mitigate effects of rail incidents involving petroleum oil.

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Railroad Administration (FRA) announced proposed regulations for Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains (HHFTs).

The proposed rule would update and clarify the comprehensive oil spill response plan requirements for certain trains, and would require railroads to share information with state and tribal emergency response commissions to improve community preparedness for potential accidents.

According to the PHMSA announcement… (continued…)

New Oil Train Rules Would Force Railroad Companies To Plan For The Worst

ClimateProgress
By Natasha Geiling, 7/14/16 3:23 PM

A little over a month after a Union Pacific train carrying Bakken crude oil derailed outside of the tiny Oregon known of Mosier, the Department of Transportation has announced new rules aimed at ensuring that communities near oil train routes have adequate information and help in the event of an oil derailment.

The new rules would, among other things, require railroad companies that ship oil by rail to come up with response plans in case of a worst-case scenario oil spill — something that most railroad companies are not currently required to do.  (continued…)

PHMSA proposes new rules for high-hazard, flammable trains

The Bakken Magazine
By Patrick C. Miller, 7/20/16

In response to train derailments involving flammable oil, the Pipeline and Hazardous Materials Safety Administration (PHMSA) last week announced proposed regulations for oil spill response plans and the sharing of information with state and tribal governments.

PHMSA said the new regulations—aimed at high-hazard flammable trains (HHFT)—are intended to improve oil spill response readiness and mitigate effects of rail incidents involving petroleum oil. The effort is being coordinated with the Federal Railroad Administration.

“The substantial surge in our country’s production of crude oil is creating a serious need for improved response and communication between railroads and the communities through which they travel,” said Therese Dominguez, PHMSA administrator. “This rule would help to ensure that railroads provide vital information to first responders to help them prepare for and respond to a derailment involving crude.”  (continued…)

Crude By Rail, Derailment, Explosion, Stop Oil Trains Week of Action #StopOilTrains, Take Action

#StopOilTrains Week of Action Highlights 2016

70 cities rise up to #StopOilTrains

Interactive map and photos from 70 cities around the country

The 2016 Stop Oil Trains Week of Action was a powerful demonstration of resistance to oil trains. Across 70 cities the public, the media and elected officials were reminded that 25 million Americans still live in the blast zone.

We made sure decision makers and public officials know that we have not forgotten the Lac-Mégantic tragedy or the fiery June 3rd oil train derailment in the Columbia River Gorge — we know the blast zone is a dangerous place to be. There has been more damage done by oil trains in the past three years than the previous four decades combined.

And July 6 to 12th, we did something about it. Together, we sent a powerful message that it’s time to #StopOilTrains.

Every oil train battle, every action and event, is part of a bigger movement to protect public health, safety, and the climate.

YouTube Video


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Photo Blog

An email from by Ross Hammond, STAND.earth:

Friends — I wanted to give a big thanks from all of us at Stand.earth for all of the incredible actions that took place around North America this past week. We have a photo blog here which will give you some flavor of what happened….

It goes without saying that the movement to #StopOilTrains and other fossil fuel infrastructure doesn’t just happen one week a year. But this past week was a powerful reminder for all of us of the incredible creativity and resourcefulness of our movement. And in what I can only describe as some sort of divine justice, during the week of action our allies in Baltimore achieved a huge organizing victory when Targa Resources withdrew its application for a crude oil storage and loading facility.

Thanks again from all of us, and let’s work together over the next year to ensure that next year’s week of action isn’t even necessary.

Crude By Rail, Derailment, Explosion, Federal investigation, Federal Regulation (U.S.), Moratorium on oil trains, Volatility

‘MOSIER’ Act demands derailment investigations and more

Repost from the Hood River News

‘MOSIER’ Act demands derailment investigations

July 19, 2016

DAMAGED Union Pacific oil train car is trucked away from town on June 8 during an anti-oil train rally at exit 69 in Mosier.
DAMAGED Union Pacific oil train car is trucked away from town on June 8 during an anti-oil train rally at exit 69 in Mosier. Photo by Kirby Neumann-Rea

Oregon Senators Jeff Merkley and Ron Wyden introduced a bill last Wednesday that would compel federal regulators to investigate every major oil train derailment.

The bill came in response to the June 3 fiery derailment in Mosier.

The Mandate Oil Spill Inspections and Emergency Rules (MOSIER) Act calls on the National Transportation Safety Board (NTSB) to clarify the Federal Rail Administration’s authority to place moratoriums on oil train traffic after major wrecks, and would require the Department of Transportation to reduce the amount of volatile gases in the crude oil those trains have been hauling.

“As Oregon has seen firsthand, these oil trains are rolling explosion hazards,” Merkley said in a statement. “That’s unacceptable. We need long-term solutions that will keep communities safe. Every accident needs to be fully and independently investigated.”

photo
U.S. Sen. Jeff Merkley

The NTSB declined to launch a formal investigation into the Mosier derailment because there were no injuries or fatalities, and they deemed the wreck didn’t bring to light any new significant safety issues.

In a July 15 letter, the board replied that the agency “decided not to launch on the Mosier derailment due to limited resources and the current investigative workload in the Office of Railroad, Pipeline and Hazardous Materials Investigations (RPH). This information indicated that the circumstances of this accident did not pose any new significant safety issues. The tank cars were breached in a manner similar to those that we have seen in other accident investigations. In addition, the derailment resulted in no injuries or fatalities.”

Merkley argued the Federal Rail Administration should have the power to enforce moratoriums until identified problems are fully resolved, and that the more volatile type of crude known as Bakken needs to be “stabilized before it rolls through our communities.”

“Oregonians deserve the strongest possible protections from oil train derailments,” Wyden said. “This bill ensures that federal authorities can stop trains after a major derailment until a thorough investigation has been completed, and that the NTSB has ample resources to closely examine the root causes of such a crash.”

photo
Sen. Ron Wyden | Photo by Kirby Neumann-Rea

The proposed Act would:

  • Require the NTSB to investigate every major oil train derailment and provide resources to hire additional investigators.
  • Clarify the Federal Rail Administration’s authority to put a moratorium on unit oil trains following an accident to allow for investigations to be completed and safety recommendations to be implemented.
  • Requires the Department of Transportation to establish and enforce a standard that reduces the amount of volatile gases in crude oil.

The MOSIER Act would supplement a 2015 rail safety bill, Hazardous Materials Rail Transportation Safety Improvement Act, which seeks to establish a fee on outdated tanker cars in order to get them off the tracks faster. Funds from the fee would pay for cleanup costs associated with railroad accidents, railroad staff cost, and training local first responders.

Merkley and Wyden were among 12 policymakers who signed that bill.

Crude By Rail, Legal action, State regulation

Appeals Court Doesn’t Stop Crude Oil Rail Shipments Through Richmond CA

Repost from CBS San Francisco (5KPIX, 740AM, 106.9FM)

Appeals Court Doesn’t Stop Crude Oil Rail Shipments Through Richmond

July 19, 2016 9:22 PM
Protesters against fracked oil trains held a demonstration outside the Kinder-Morgan rail yard in Richmond on September 4, 2014. (CBS)
Protesters against fracked oil trains held a demonstration outside the Kinder-Morgan rail yard in Richmond on September 4, 2014. (CBS)

SAN FRANCISCO (CBS SF) — A state appeals court upheld dismissal of a lawsuit in which environmentalists sought to challenge crude oil rail shipments through Richmond.

A trial judge’s dismissal of the lawsuit was upheld in court Tuesday in San Francisco. The court said Communities for a Better Environment, known as CBE, and other groups missed a state law’s six-month deadline for challenging a lack of environmental review for the shipments.

A three-judge panel said the California Environmental Quality Act didn’t allow an exception to the deadline even though the groups said they couldn’t have discovered the project sooner.

“Ultimately, CBE’s arguments about the proper balance between the interests of public participation and of timely litigation are better directed to the Legislature, not this court,” Court of Appeal Justice Jim Humes wrote for the court.

The panel unanimously upheld a similar ruling in which San Francisco Superior Court Judge Peter Busch dismissed the lawsuit in 2014.

The crude oil is carried by the Texas-based Kinder Morgan energy company in railroad tanker cars from North Dakota’s Bakken shale formation to Kinder Morgan’s Richmond terminal, where it is transferred to tanker trucks.

The shale oil is extracted through hydraulic fracturing, or fracking, and horizontal drilling.

The environmental groups contend that shale crude oil, which is lighter than other types of crude oil, is dangerous because it is more explosive in the event of a derailment. They also say fumes emitted during the oil transfers harm human health.

The groups sued the Bay Area Air Quality Management District in March 2014 after discovering that the agency had quietly issued a permit for the project in July 2013 without requiring an environmental impact report.

The permit allowed Kinder Morgan to change its previous ethanol facility to the crude oil facility.

In addition to CBE, the plaintiffs were the Natural Resources Defense Council, Asian Pacific Environmental Network and Sierra Club. They were represented by the Earthjustice law firm.

They argued that a report should have been required under the CEQA law, while the air district and Kinder Morgan contended no report was needed because granting the permit was a ministerial rather than discretionary decision.

But the issue of whether there should have been an environmental report was never reached in court because Busch ruled, and the appeals court agreed, that the lawsuit was filed too late.

The appeals court said, “We acknowledge that if there were any situation in which it would be warranted to delay the triggering of a limitations period in the manner CBE urges, it would be one in which no public notice of the project was given and the project’s commencement was not readily apparent to the public.”

But the panel said that case law set by the California Supreme Court and other courts established that the Legislature made a “clear determination” that CEQA challenges must be filed within the deadline.

For safe and healthy communities…