Reuters: U.S. taxpayers help fund oil-train boom amid safety concerns

Repost from Reuters
[Editor: Significant quote: “‘Look at the towns. All they’re getting are more trains in their backyard and all the risk with no financial benefits,’ said Dan McCoy, the County Executive in Albany, New York, where taxpayer funds have contributed to growing oil-train shipments.”  – RS]

U.S. taxpayers help fund oil-train boom amid safety concerns

By Jarrett Renshaw, Dec 14, 2014
A crude oil train moves past the loading rack at the Eighty-Eight Oil LLC's transloading facility in Ft. Laramie, Wyoming July 15, 2014.  REUTERS/Rick Wilking
A crude oil train moves past the loading rack at the Eighty-Eight Oil LLC’s transloading facility in Ft. Laramie, Wyoming July 15, 2014. REUTERS/Rick Wilking

(Reuters) – For the past 18 months, Americans from Albany to Oregon have voiced growing alarm over the rising number of oil-laden freight trains coursing through their cities, a trend they fear is endangering public safety.

In at least a handful of places, the public is also helping fund it.

States and the federal government have handed out tens of millions in public dollars to rail companies and government agencies to expand crude oil rail transportation across the country, a Reuters analysis has found.

The public assistance in states like New York, Pennsylvania, Ohio, Oklahoma and Oregon comes as railroads are posting record profits, and as state and federal authorities press for safety overhauls that the oil and rail industries have opposed, following several explosive derailments.

The Reuters analysis identified 10 federal and state grants either approved or pending approval, totaling $84.2 million, that helped boost the number of rail cars carrying crude oil across the nation.

The funds are a fraction of total public funding for railroads each year, and look small compared to the $24 billion railroads themselves are spending annually on infrastructure.

But with oil-train safety under heavy scrutiny, the public grants could be controversial and add to growing strains between the industry and some local communities who say they are ill-prepared to deal with oil spills or derailments.

“Look at the towns. All they’re getting are more trains in their backyard and all the risk with no financial benefits,” said Dan McCoy, the County Executive in Albany, New York, where taxpayer funds have contributed to growing oil-train shipments.

In May, Albany’s sheriff, Craig Apple, warned that regional emergency crews weren’t equipped to respond to any major derailment.

“I am not seeing any increases in tax revenue, but I am seeing an increase in the cost of emergency services,” McCoy said.

Since 2008, there have been at least 10 major oil-train derailments across the U.S. and Canada, including a disaster that killed 47 in a Quebec town last July.

Officials and rail executives offer a counter-argument: the funds help improve safety for an industry that is helping revive the economy in some places.

Last year, New York Governor Andrew Cuomo awarded CSX Railroad a $2 million grant to add a second 3.6-mile rail line just south of the state capital in a county that now handles about a fourth of the Bakken’s oil, a light, volatile crude whose vapors have exploded in several past derailments.

CSX spokesman Rob Doolitle said the new line allows the railroad to idle fewer trains in the region, block fewer crossings, and serve at least 200 different businesses more efficiently.

“Local communities benefit from increased capacity,” Doolittle said. CSX posted record revenues of $3.2 billion in the third quarter.

AN INDUSTRY TRANSFORMED

The taxpayer dollars are going to a rail industry that has transformed the U.S. energy market: Amid a shale-drilling boom that has overwhelmed the nation’s pipeline network, oil-train traffic has surged at least 42-fold since 2009, and 415,000 railcar loads of oil plied the nation’s tracks last year.

As oil-trains increasingly make up for a lack of pipelines, they share the tracks with passenger and other freight trains on some of the busiest U.S. rail corridors. Emergency responders in several regions have complained that they lack information to track them and quickly respond to accidents.

While federal law now requires rail operators carrying Bakken crude to report routes and the number of trains that transit through each state, railroads have been reluctant to share specifics publicly, citing security risks.

Philadelphia is one of the unlikely locales that has been both alarmed and enriched by the oil-by-rail industry.

In 2012, The Carlyle Group led a rescue of the East Coast’s biggest refinery, which had been slated for closure, aided in part by a state-backed aid package that included $10 million to build a new rail terminal.

The 335,000-barrel-a-day plant is making money once again thanks in large part to the rail terminal, which receives six miles of oil-laden railcars daily from North Dakota’s Bakken.

In September, Philadelphia Energy Solutions (PES), an oil refining complex controlled by hedge fund Carlyle Group, announced plans to sell shares in its crude-by-rail terminal, a move that may fetch hundreds of millions of dollars and reduce its corporate tax burden.

Carlyle declined comment, but the company has previously said that government assistance helped to save at least 850 jobs at PES and boost Pennsylvania’s economy.

Earlier this year, six railcars transporting Bakken oil to the PES rail terminal derailed on a bridge over the Schuylkill River in Philadelphia’s Center City. No oil spilled from the CSX-operated train, but images of railcars teetering above the city’s vital waterway shocked locals and prompted protests.

“It spooked a lot of people in Philadelphia, and really raised the profile of the issue of crude by rail, an issue most people don’t think about,” said Matt Walker, a director with the local Clean Air Council.

CONGESTION RELIEF

Citing high costs, oil and rail industry groups have resisted some of the U.S. Department of Transportation’s recent proposals to enhance crude-by-rail safety, which include quick retirement or retrofitting of older, accident-prone railcars, lower speed limits, and mandatory electronic railcar braking systems.

Railroads and local transport authorities say public grants are a public good.

Since 2011, Oklahoma has received two federal grants worth $8.6 million that were used to fund privately-held FarmRail System, a regional rail operator, to move more crude by rail out of the state’s Anadarko Basin.

“We see these grants as improving public safety, much like you spend money on improving a highway,” said Gary Ridley, the head of the Oklahoma’s transportation agency. Trains are better than oil trucks, which clog up roads, he said. Oklahoma Governor Mary Fallin recently announced a $100 million spending package to upgrade rail crossings in the state.

In Oregon, oil terminal giant Global Partners successfully lobbied state and county officials to fund $8.9 million in upgrades to the Portland and Western Railroad, which runs next to the Columbia River. As a result, Global was able to increase the number of oil-trains to its private rail hub in the state by more than a third, to 38 per month. Global declined comment.

“It really doesn’t matter whether the train is carrying crude oil or cotton puffs, they have the right to pass through,” Jerry Cole, the mayor of Rainier, Oregon, where oil-trains pass through daily. “All I can do is to make it as safe as possible.”

(Reporting by Jarrett Renshaw, editing by Jonathan Leff and John Pickering)

Oil trains are too long and too heavy

Repost from The Oregonian
[Editor: A poignant opinion piece by an informed advocate.  Jared Margolis is an attorney working for the Center for Biological Diversity’s Portland office on issues related to energy and endangered species.  – RS]

Oil trains are too long and too heavy

By Jared Margolis, December 11, 2014
trains.JPG
In this Sept. 16 file photo, rail cars containing oil sit on tracks south of Seattle. (AP Photo/Ted S. Warren)

Even to the most reasonable among us here in the Northwest, the lonely cry of the train whistle in the night is no longer a very comforting sound. You can’t help but wonder if it’s announcing the arrival of one of the 20 or so trains of up to 100 tanker cars that pass through the region in an average week, each one carrying up to 3 million gallons of explosive crude oil.

The exponential increase in risk posed by these trains has been highlighted by an unprecedented wave of accidents, including the explosive derailment in Quebec that incinerated part of a town and killed 47 people, and another in downtown Lynchburg, Va., that set the James River on fire, putting wildlife habitat and drinking water supplies at risk.

More crude oil was spilled by rail in 2013 — in excess of 1 million gallons — than between all the years from 1975 to 2012, according to an analysis of data from the federal Pipeline and Hazardous Material Safety Administration (PHMSA).

Between 2008 and 2013 there was nearly a tenfold increase in crude-by-rail spills, from eight to 119.

Yet, as the amount of volatile crude oil hurtling through Oregon towns, cities and sensitive waterfront landscapes continues to increase, proposals to reduce the danger have failed to focus on what federal regulators acknowledge to be among the most important factors making crude oil trains more likely to derail than most trains: the length and weight of each train.

Instead, proposals from federal regulators have been limited to giving the rail industry five years to stop hauling explosive crude oil in the most puncture-prone tanker cars, which PHMSA has stated will actually lead to longer, heavier trains. The length and weight of tanker trains hauling crude oil has been singled out by regulators as one of the leading causes of several disastrous derailments in recent years. Those increased risks are demonstrated by the simple fact that while the number of overall train derailments is dropping, the number of oil train derailments is escalating.

PHMSA’s own analysis has determined oil trains “are longer, heavier in total, more challenging to control … [and] can be more prone to derailments when put in emergency braking.” That’s why I co-authored a legal petition, filed with PHMSA last month, asking the agency to establish rules limiting trains carrying crude oil and other hazardous liquids to 4,000 tons — the weight that the American Association of Railroads has determined to be a “no problem” train, considered much less likely to derail. This safety guideline is currently exceeded threefold by the 100-car crude oil trains rumbling through Oregon.

And the risks posed by these long, over-heavy oil trains are only expected to grow: Analysts project the amount of oil being transported to California refineries by train to increase more than tenfold by 2016, much of it moving through Oregon.

It only makes sense to take aggressive, reasonable precautions to protect people and wildlife against this escalating, unacceptable danger.

•  Jared Margolis is an attorney working for the Center for Biological Diversity’s Portland office on issues related to energy and endangered species.

Carnegie Mellon University, Fractraker team up to monitor crude oil trains through PA region

Repost from Pittsburgh Post-Gazette

CMU, Fractraker teaming up to monitor crude oil trains through region

By Don Hopey, December 13, 2014

Trains carrying millions of gallons of crude oil from Midwestern shale oil fields pass through the region daily and at speeds approaching the limit established to reduce derailment risks, according to a pilot study by Fractracker Alliance and Carnegie Mellon University’s CREATE Lab.

The study counted 360 tanker cars bearing the Department of Transportation “1075” and “1267” flammable oil and gas placards on 10 trains passing through the city during 11 daylight hours on Oct. 21. Six of those 10 trains were traveling east with a total of 176 full tanker cars The other four were traveling west with 84 empty tanker cars.

The train spotting and rail car counting was done on Norfolk Southern’s Fort Wayne line, which runs along the Ohio River through Sewickley, Glenfield, Ben Avon, Avalon and the North Side. The study, conducted on just one of seven rail freight lines used by oil trains in Allegheny County, is the first to count the number of oil trains passing through, and there are plans to do several more.

The Fractracker news release about the study states that by tracking and monitoring the transport of oil and gas, “we can begin to understand the risks that these trains pose should an incident occur.”

“We want to study the oil trains issue in several ways across Pennsylvania and beyond, examining the communities and populations affected and evaluating the scale and dynamics of the train traffic, including speeds and volumes of cargo,” said Samantha Malone, a Fractracker spokeswoman.

The count totals are generally in line with estimated oil train numbers for the county provided by Norfolk Southern and CSX to the Pennsylvania Emergency Management Agency, information that PEMA was ordered to release in October after a Right to Know request by the Pittsburgh Post-Gazette.

Ms. Malone said almost all of the trains were moving “very quickly” past the train spotting and counting location along Norfolk Southern tracks at Riverside Park, on Dawson Avenue in Glenfield. One, heading east with a load of full crude oil tank cars, was traveling much faster than the others at an estimated speed of 50 mph.

If accurate, that train violated the 40 mph speed limit cooperatively established in July for safety by the U.S. Department of Transportation and the Association of American Railroads in urban areas after several recent derailments involving crude oil tanker cars.

“We didn’t have a radar gun, but most of the trains were traveling faster than I would think would be safe for that area,” Ms. Malone said. “The one moving very fast I do believe was unsafe.”

A spokesman for Norfolk Southern, however, disputed that contention, saying it was “guesswork” and that the railroad complies with all state and federal rules and regulations.

As rail transport of shale oil and gases has increased over the last five years, the number of derailments has increased, too, along with concerns about the dangers the trains pose to towns and cities along their routes.

Oil train derailments, sometimes causing explosions and fires, have occurred in the last two years in Virginia, North Dakota, Georgia, Philadelphia and Vandergrift. The worst was the 2013 derailment of 74 tanker cars carrying crude from the Bakken Shale oil play in North Dakota that killed 47 people and destroyed 30 buildings in Lac-Megantic, Quebec.

Seventy percent of the tankers wore the DOT 1267 placard, used for “Petroleum Crude Oil, Flammable liquid.” The rest had DOT 1075 placards indicating they contained “butane, liquefied petroleum gas, Flammable liquid”

The longest train bearing the “1267” placard, running east, was hauling 97 full crude oil tanker cars with a total capacity of between 2.5 million and 3.4 million gallons of crude oil, according to the release.

David Pidgeon, a Norfolk Southern spokesman, released a statement saying the railroad doesn’t comment about the routing of specific commodities, like crude oil or gas, and declined comment on the study findings. He called the train speeding allegation “speculation and guesswork.”

“What I can say is that we are in compliance with state and federal regulations and are providing important information and training to first responders,” he wrote in the email statement. “That’s a critical part of operating a safe rail network.”

Henry Posner III, chairman of Railroad Development Corp., a rail industry investment firm, said the high-density freight lines passing through the city are well-maintained and, recent accidents not withstanding, the railroads have a “culture of safety.”

“There is no motivation for the trains to speed, and I’ve never seen it (speeding) permitted in my career,” said Mr. Posner, who has worked in various capacities in the railroad industry since 1977. “No one is going to put their job on the line to speed. It’s just not a part of our culture.”

Ms. Malone said Fractracker, in partnership with CMU’s CREATE Lab, will continue to collect rail shipping data from other states and regions to determine where the crude oil tank cars rolling through Pittsburgh are originating.

Working again with volunteer train spotters from the Group Against Smog and Pollution, Three Rivers Waterkeeper, and Women for a Healthy Environment, the Create Lab and Fractracker plan to conduct additional train tank car counts to confirm their initial count is representative of the train traffic going through the region. She said some of those counts will be held overnight, when some residents of the Glenfield area say trains are more numerous.

Top transportation officials from Canada and the United States are due to meet next week to hash out differences about safety regulations for trains that carry oil, sources familiar with the planned meeting told Reuters.

Both governments are drafting safety rules for trains that move fuel from North Dakota’s Bakken energy patch to refineries.

Federal budget bill sets January deadline on safety rules for oil tanker cars

Repost from The Seattle Post Intelligencer (seattlepi.com)

Federal budget bill sets January deadline on safety rules for oil tanker cars

December 10, 2014 | By Joel Connelly
Tanker cars from a derailed CSX oil train burn after derailing in downtown Lynchburg, Virginia, last April. Increasing numbers of oil trains pass through Seattle and other Puget Sound cities en route to four refineries on northern Puget Sound. (AP Photo/City of Lynchburg, LuAnn Hunt)

Hidden away in Congress’ big spending bill, designed to fund the federal government through FY 2015, are stern marching orders to the U.S. Department of Transportation:

Deliver a final rule for new, safer oil tank car design standards by Jan. 15, 2015, and require that all rail carriers put in place comprehensive oil spill response plans.

The budget provisions, inserted by Sens. Patty Murray, D-Wash., and Susan Collins, R-Maine, are prompted by an oil train disaster in Quebec, and the rapid increase in trains carrying volatile Bakken crude oil from North Dakota to four refineries on northern Puget Sound.

“In Washington state, we’ve seen a startling increase in oil train traffic through communities of all sizes, from downtown Seattle to smaller, rural communities across the state,” said Murray, who has chaired the Senate Appropriations subcommittee on transportation.

“That’s why I worked to set a deadline for the Department of Transportation to issue new safety standards for tank cars next month and worked to fund a Shirt Line Railroad Safety Institute that will help protect smaller communities without sufficient resources to respond to oil trains.”

Oil tanker cars derailed under the Magnolia Bridge.  No harm done, but not the case elsewhere.

An old adage applies to the oil train issue: There’s nothing like a hanging in the morning to focus the mind.

In July of 2013, brakes failed and an unmanned runaway train sped into the small town of Lac-Megantic, Quebec, just over the border from Maine. It blew up, killing 47 people and leveling downtown.

The train was using 1960′s-designed DOT-111 tank cars. Another train, using DOT-111 cars, exploded into mushroom-cloud flames last December outside Casselton, N.D.. It forced evacuation of more than 2,000 people from the small town.

While promising new safety measures, the Department of Transportation has been criticized for giving railroads too much wiggle room.

The DOT said last summer it is setting a two-year deadline for getting DOT-111 tank cars off the rails. In reading the fine print, however, the clock would begin ticking in September of 2015 — giving rail carriers more than three years to stop use of the explosion-prone tank cars.

The federal budget bill would make available $10 million in grants to improve safety at railroad grade crossings that handle crude oil or other hazardous flammable liquids.

The DOT gets resources to hire 15 new hazardous-materials and rail-safety inspectors and $3 million to expand the use of automated track inspections to make sure rail tracks are maintained on crude oil transportation routes.

In this Aug. 8, 2012 photo, a DOT-111 rail tanker passes through Council Bluffs, Iowa. DOT-111 rail cars being used to ship crude oil from North Dakota's Bakken region are an "unacceptable public risk," and even cars voluntarily upgraded by the industry may not be sufficient, a member of the National Transportation Safety Board said Wednesday, Feb. 16, 2014. The cars were involved in derailments of oil trains in Casselton, N.D., and Lac-Megantic, Quebec, just across the U.S. border, NTSB member Robert Sumwalt said at a House Transportation subcommittee hearing. (AP Photo/Nati Harnik, File)

Refiners and shippers have responded.

Tesoro has stopped use of DOT-111 tank cars to supply its Anacortes refinery. The Burlington Northern-Santa Fe Railroad has announced a purchase of new, safer tank cars.

But the railroads have continued to resist making full, up-to-date information on oil shipments available to state and local emergency responders. They are fearful the information will be made public.

While Murray is touting its oil train provisions, the $1.1 trillion spending bill has drawn some fire from the political left.

Republicans have secured concessions, loosening Wall Street regulation and letting wealthy donors give more to political campaigns. The bill has slightly weakened school lunch nutrition standards championed by first lady Michelle Obama.

Liberal Rep. Jim McDermott, D-Wash., is voting against the bill.

“It is inconceivable that Congress would cut crucial regulations in the Dodd-Frank Act, when risky derivatives trading was at the center of the 2008 financial crisis,” said McDermott.

“Why is Congress giving Wall Street a massive Christmas present, when so many hard-working Americans are struggling to make ends meet?”

For safe and healthy communities…