Sen. Cantwell: Act now on oil trains

Repost from The Columbian
[Editor:  Significant quotes: 1) “BNSF Railway…has offered training to local responders. But that training “just scratches the surface,” said Nick Swinhart, chief of the Camas-Washougal Fire Dept.”  And  2) “About 88 percent of the cars now hauling crude oil in Washington are the CPC-1232 design, said BNSF spokesman Gus Melonas. The railroad plans to phase out all of its older DOT-111 cars from moving crude within the next year, he said. It also plans to retrofit its CPC-1232 cars with internal liners during the next three years, he added.”  – RS]

Cantwell: Act now on oil trains

Senator pushes for changes to improve safety of hauling crude by rail

By Eric Florip, April 8, 2015, 9:20 PM
U.S. Sen. Maria Cantwell, D-Wash., walks past a firefighting rig with Vancouver Fire Department Division Chief Steve Eldred during a visit to Vancouver on Wednesday. Cantwell and local leaders highlighted the risks of crude oil being transported by rail. (Steven Lane/The Columbian)

Now is the time to act to reduce the continued risk of crude oil moving through the region by rail, U.S. Sen. Maria Cantwell said during a visit to Vancouver on Wednesday.

The Washington Democrat and local leaders repeatedly stressed the volatility of the oil itself. Speaking inside Pacific Park Fire Station No. 10 in east Vancouver, the group noted that responders are ill-equipped to handle the kind of fiery derailments and huge explosions that have characterized a string of oil-train incidents across the country recently. In some cases, the fires burned for days after the actual derailment, Cantwell said.

“No amount of foam or fire equipment can put them out,” she said. “The best protection we can offer is prevention.”

Cantwell last month introduced legislation that would immediately ban the use of rail cars considered unsafe for hauling crude oil, and create new volatility standards for the oil itself. The bill would require federal regulators to develop new rules limiting the volatile gas contained in crude that is transported by rail — an important and somewhat overlooked facet of the larger debate over oil train safety, Cantwell said.

Much of the oil that now rolls through Clark County comes from the Bakken shale of North Dakota. Regulators there this month imposed new rules on the volatility of that oil, but critics argue they don’t go far enough. North Dakota, currently in the midst of a historic oil boom, lacks the infrastructure and facilities for more thorough oil stabilization that are commonplace elsewhere.

About two or three oil trains per day now travel through Vancouver on the way to other facilities. A proposal by Tesoro Corp. and Savage Companies to build the nation’s largest oil-by-rail terminal at the Port of Vancouver would more than double that number. The project, now under review, has fixed a spotlight firmly on Vancouver.

“Although crude-by-rail is a national issue, we firmly believe that Vancouver is the epicenter of the conversation,” said Vancouver Mayor Tim Leavitt.

Wednesday’s gathering also included two local fire chiefs, who said their crews don’t have the resources to respond to a major disaster involving an oil train. BNSF Railway, which carries crude oil through the Columbia River Gorge and Southwest Washington, has offered training to local responders. But that training “just scratches the surface,” said Nick Swinhart, chief of the Camas-Washougal Fire Department.

“No first responder is fully prepared for the threat posed by crude oil trains carrying highly volatile oil from North Dakota,” Swinhart said, noting his agency has 54 paid personnel. “The fire resulting from just one exploded oil train car, as you can imagine, would overwhelm our resources very rapidly.”

Concerns about oil train safety go far beyond the oil. Much of the discussion has centered around the tank cars carrying it. Cantwell’s bill would prohibit all DOT-111 and some CPC-1232 model tank cars from hauling crude oil. The move would affect tens of thousands of rail cars currently in use, phasing out older models many believe are inadequate for carrying crude.

About 88 percent of the cars now hauling crude oil in Washington are the CPC-1232 design, said BNSF spokesman Gus Melonas. The railroad plans to phase out all of its older DOT-111 cars from moving crude within the next year, he said. It also plans to retrofit its CPC-1232 cars with internal liners during the next three years, he added.

BNSF expects tank cars to improve as designs evolve and federal rules change, Melonas said, and the company welcomes that trend.

“We are in favor of a stronger-designed tank car to move this product,” Melonas said. “In the meantime, we’re taking steps to make sure we’re moving it safely.”

As for whether BNSF supports Cantwell’s bill, Melonas said the company is still evaluating it.

Near the end of Wednesday’s event at the fire station, officials showed Cantwell a large rig equipped with foam tanks and other features. The Vancouver Fire Department acquired the vehicle as mitigation several years ago when Valero, a company operating at the Port of Vancouver, began handling methanol, said Division Chief Steve Eldred.

The Valero site later became NuStar Energy. NuStar has since applied for permits to handle crude oil at the same facility.

Lynchburg VA Task Force issues 32 draft recommendations on railroad safety

Repost from WSLS 10, Roanoke VA

McAuliffe’s Railroad & Security Task Force presents draft of rail safety proposal

By Margaret Grigsby, Apr 09, 2015 5:18 PM
Flames and black smoke were seen at a train derailment in downtown Lynchburg in 2014.
Flames and black smoke were seen at a train derailment in downtown Lynchburg in 2014.

RICHMOND (WSLS 10) – Governor Terry McAuliffe’s Railroad Safety and Security Task Force presented its recommendations on railroad safety and how to protect lives, property and the environment at a meeting in Richmond Thursday. The task force was created after the Lynchburg train derailment in 2014. Its report is a result of eight months of research and input multiple sources.

In a draft of the group’s report are key findings of its investigation into the current state of rail safety in Virginia as well as recommendations on how to make the tracks safer for people and the environment. The report says Virginia railroads are generally safe, efficient and reliable, however recent derailments involving Bakken crude oil and other flammable liquids is cause for concern.

Included in the recommendations section of the draft were 32 items in the areas of planning, organization, training, information sharing, response, funding and regulatory/legislative. The recommendations covered everything from prioritization of areas where a derailment would have high impact to the purchase and implementation of training equipment and procedures.

Read the full report draft here.

In a statement released by the James River Association on the task force’s report draft, Policy Specialist for the JRA Adrienne Kotula said the recommendations were a “key step forward in addressing the risks posed by transporting crude oil by rail through Virginia.”

Kotula noted what the report lacks is focus on recommendations to prevent accidents through inspections of railways.

The report noted federal studies by the U.S. Department of Transportation conclude rail transport of crude oil and ethanol could result major financial and environmental damages. The report quotes the USDOT’s 2014 research, saying:

The analysis shows that expected damages based on the historical safety record could be $4.5 billion and damages from higher-consequence events could reach $14 billion over a 20-year period in the absence of the rule.

The final recommendations from the task force are set to be issued on April 30, the anniversary of the Lynchburg Bakken crude oil train derailment. The draft is available for public comment through April 19.

Benicia CA: City Council adopts letter encouraging rail safety

Repost from The Vallejo Times-Herald
[Editor:  UPDATE: On Tuesday, 4/7/15, the Benicia City Council approved sending the League of California Cities letter by unanimous vote.  See original documents on the City of Benicia’s website:
      – Staff’s Agenda Report
      – Mayor Patterson’s draft letter of support (not approved)
      – League of Cities letter requesting letters of support & sample letter (sample letter approved)
– RS]

Benicia mayor to request council to send letter encouraging rail safety

By Irma Widjojo, 04/06/15, 7:58 PM PDT
Benicia, California
Benicia, California

Benicia >> Mayor Elizabeth Patterson on Tuesday night will be asking the rest of the city council to consider sending a letter to the Federal Office of Management and Budget in support of several rail safety recommendations.

League-of-CA-Cities-LogoBenicia is a member of the League of Cities, which has adopted 10 recommendation as official policy to “increase rail safety in the transport of hazardous materials.”

The recommendations include mandating speed limits and electronically controlled braking systems, increasing the federal funding for training and equipment purchases for first responders, regulating the parking and storage of tank cars and others.

The League Executive Director has requested that cities send letters to the appropriate federal rail safety rule making authority requesting that these measures be implemented, Patterson said.

Patterson — an outspoken advocate of tougher crude-by-rail safety measures — said she has asked the city attorney to “determine whether sending a letter requesting rail safety improvements would in any way create a due process issue for the city,” since Benicia is currently processing the use permit and Environmental Impact Report for the Valero Crude by Rail project.

However, the city attorney determined that there would not be an issue since “the letter does not oppose the Valero project or take any position on adequacy of the environmental review for the project.”

In November, the city attorney released a legal opinion that states that Patterson should not participate in any decision concerning the project because “the appearance of bias” could result in a legal challenge against the city.

However, the mayor, who has hired her own attorney, at that time indicated she doesn’t intend to follow the city’s advice.

The council is set to meet at 7 p.m. Tuesday at City Hall, 250 E. L St. Agendas and staff reports can be found on the City’s website.

Rail safety program stripped from North Dakota budget

Repost from InForum, Fargo ND
[Editor:  See also AP coverage in The Bismarck  Tribune.  – RS]

ND Democrats slam Republicans for stripping rail safety program from budget

By Mike Nowatzki, Apr 8, 2015 at 7:09 p.m.
A plume of smoke rises from scene of a derailed train near Casselton, North Dakota December 30, 2013. REUTERS / Michael Vosburg / Forum News Service

BISMARCK — Democrats slammed House Republican budget writers Wednesday for stripping a proposed state-run rail safety program from the Public Service Commission budget, calling it a broken promise that leaves residents at risk of more accidents like the fiery oil train derailment near Casselton in 2013.

The House Appropriations Committee voted 16-5 late Tuesday to approve a PSC budget that cuts about $970,000 for two rail safety inspectors and a rail safety manager to complement efforts by the Federal Railroad Administration in the next biennium.

The Senate approved the funding when it passed Senate Bill 2008 by a 46-0 vote in February.

Rep. Ron Guggisberg, D-Fargo, stressed the importance of the positions given the skyrocketing increase in crude-by-rail traffic in North Dakota and across the country.

Nationwide, crude-by-rail shipments increased from an average of 55,000 barrels per day in 2010 to more than 1 million barrels per day in 2014, with Bakken crude making up 70 percent of last year’s volume, according to the U.S. Energy Information Administration.

“This is where it’s coming from, so we need to set an example and make sure it’s safe,” Guggisberg said.

Rep. Roscoe Streyle, R-Minot, said a state rail safety program is unnecessary. He said the FRA has increased its presence in North Dakota in recent years, and BNSF Railway announced additional safety measures on March 27, including increased track inspections, better electronic monitoring of railcars and reduced speeds and other new operating procedures for trains carrying crude oil.

“I just don’t think having a couple of state inspectors running around out there is going to make a hill-of-beans difference,” he said.

The committee’s chairman, Rep. Jeff Delzer, R-Underwood, indicated he feels a state program would be duplicative.

“The feds are already doing it. We’re just expanding government,” he said.

Public Service Commissioner Julie Fedorchak, a Republican who touted the proposal during her successful election campaign last summer against Democratic state Sen. Tyler Axness of Fargo after he had advocated for a state-run inspection program, said she was disappointed the funding was stripped from Senate Bill 2008 but is hopeful it’ll be restored.

“I will continue to push for this,” she said.

Fedorchak said that while the FRA has 10 staffers in North Dakota, only two are rail inspectors, and they cover parts of South Dakota and Montana in addition to all of North Dakota — about 5,000 miles of track in total. A mechanical inspector also covers parts of Montana and Wyoming.

“The federal inspection program is spread too thin,” she said, adding the volume of hazardous materials moving on North Dakota rail lines demands the state step in and help the feds “on behalf of the citizens living next to this infrastructure.”

Streyle said some committee members also worried about a state-run program making the state liable in rail accidents, a concern Fedorchak said is unfounded and hasn’t been a problem in the 30 states that have their own rail inspection programs.

The committee rejected Guggisberg’s amendment to restore the rail safety positions. He said he now plans to bring a minority report when the bill reaches the full House, which if approved would fund the rail safety positions and three hazardous liquid inspector positions cut by the Senate. Those inspectors would oversee intrastate oil pipelines.

House Majority Leader Al Carlson, R-Fargo, said the issue will be sorted out in a House-Senate conference committee.

“That’s just a long way from over,” he said.

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