Tag Archives: Albany NY

Bakken Crude, Crude By Rail, DOT-111, Emergency Readiness & Response, Federal Regulation (U.S.), Hazmat notification, Tank car design, Train braking systems, Volatile gases

Fed Measures on Crude Oil Fall Short, Put Protected Estuaries and Heritage Areas at Risk

Repost from HuffPost GREEN, The Blog
[Editor: Note reference near the end on federally designated National Heritage Areas and Estuaries of National Significance which “require special protection from potential explosions and spills. Rerouting bomb trains away from such specially designated regions would avert a disaster-waiting-to-happen to prime assets along their rail lines.”   The San Francisco Estuary Partnership is one of 28 Estuaries of National Significance.  (I am trying to confirm that the Sacramento-San Joaquin Delta is a National Heritage Area – their website is out of date.)  How might these agencies be brought into the discussion on Valero Crude By Rail?    – RS] 

Fed Measures on Crude Oil Fall Short, Put Hudson River at Risk

By Ned Sullivan, President, Scenic Hudson and Paul Gallay, President, Hudson Riverkeeper, 10/21/2014

Last May, we wrote about how the Hudson River Valley has become a virtual pipeline for the transport of highly flammable Bakken crude oil in unsafe DOT-111 railcars–the same tankers whose derailment has caused numerous explosions across the U.S. and the death of 47 people in Lac-Megantic, Canada.

Since then, very little has changed, which means the situation has just gotten worse.

Each day, more than 320 of these oil-laden cars continue to pass through our communities and along the shores of the Hudson River, one of the world’s most biologically diverse tidal estuaries. To date, we’ve escaped disaster, although three trains pulling empty DOT-111s have derailed in the Hudson Valley. Each time a rail accident occurs in the region, as it did just last week, the environmental community holds its breath, expecting the worst.

What will happen if cars full of Bakken crude do go off the tracks? The federal Pipeline and Hazardous Material Safety Administration (PHMSA), quoting the National Transportation Safety Board (NTSB), recently provided the answer: They “can almost always be expected to breach,” making them “vulnerable to fire.” The result would be catastrophic to the public health, vital natural and historic resources, and drinking water supplies of a region stretching from Albany to New York Harbor. It would cause long-lasting, if not permanent, damage to the estuary’s entire ecosystem and the foundation of a vibrant, $4.75-billion tourism economy.

Both Scenic Hudson and Riverkeeper have been advocating vigorously for increased federal protections, including an immediate ban on the use of DOT-111s for transporting crude. Therefore, we were bitterly disappointed and frankly frustrated by new draft regulations proposed by the PHMSA regarding tanker redesign and other measures for reducing the risks of explosions and spills from these “bomb trains.” They just don’t go far enough fast enough, meaning our communities remain at grave risk. It also means the proposed rules don’t comply with federal law, which requires strict safety upgrades that will protect the public.

In formal comments on the regulations our organizations submitted jointly, we outline how the PHMSA’s rules are replete with loopholes and weak safety proposals.

  • Despite acknowledging the safety hazards of DOT-111s, the proposed regulations would very slowly phase out their use for transporting Bakken crude and allow 23,000 of these outdated, dangerous cars to remain on the rails for shipping heavy Canadian tar sands crude, which presents different but equally serious safety and environmental risks.
  • The regulations fail to require full disclosure of rail traffic information to first responders, and instead ask the industry if it would prefer to keep this information confidential.
  • The regulations fail to require the most protective braking improvements or speed restrictions, and fail to even consider limits on the length of trains that could reduce accident risks and impacts of a derailment.
  • The regulations would allow railroads to continue operating 120-car trains of Bakken crude oil without requiring any train-specific spill response plans–despite the fact that a 120-car train carries as much oil as an oil barge or tanker, both of which must have spill response plans approved by the Coast Guard.

Put simply, these rules defer to the rail and oil industries at every turn–and they won’t stop the next bomb train disaster. As the NTSB warned in its official comments on these proposed rules, “Each delay in implementing a new design requirement allows the construction of more insufficiently protected tank cars that will both increase the immediate risks to communities and require costly modification later.” Further, the NTSB concludes that the government’s proposed standards for new and existing tank cars offer options that “do not achieve an acceptable level of safety and protection.”

We deserve real protection for our communities and the environment. And we deserve it now.

For these reasons, Riverkeeper and Scenic Hudson have called on the PHMSA to issue an emergency order requiring immediate adoption of the most stringent tank car standards, speed restrictions and use of electronic controlled pneumatic braking in all trains carrying crude, as well as closing loopholes in the rule that leave heavy tar sands crude and trains carrying fewer than 20 cars of Bakken crude completely unaddressed. (Scenic Hudson also has called for rules requiring Bakken crude to be processed at its source in North Dakota, making it much less volatile for shipment. This is done at many Texas oil fields.)

In addition, we are calling on federal rail regulators to designate the Hudson River Valley, as well as other similarly situated regions, highly important natural and cultural resources under PHMSA routing regulations. This means that the natural and cultural resources within this federally designated National Heritage Area (one of only 49) and Estuary of National Significance (one of 28) require special protection from potential explosions and spills. Rerouting bomb trains away from such specially designated regions would avert a disaster-waiting-to-happen to prime assets along their rail lines. In the Hudson Valley, those assets include six drinking water intakes; 91 state, county and municipal parks; 40 Significant Coastal Fish and Wildlife Areas; nine colleges; 69 public schools and 80 medical facilities.

The federal government has the responsibility to ensure the public’s safety. Until Washington steps up and fulfills this obligation, we’ll have to keep on holding our breath.

Bakken Crude, Crude By Rail, Federal Regulation (U.S.), Massive increase in crude-by-rail

Concerns Raised About Oil Trains In The Adirondacks

Repost from Vermont Public Radio

Concerns Raised About Oil Trains In The Adirondacks

By Mitch Wertlieb & Melody Bodette, August 28, 2014
Government offices, track-side warehouses and Monitor Bay Park campground surround the tracks on the south end of Crown Point, New York. The Adirondack Council has raised concerns about oil trains in the Adirondacks. | Adirondack Council

Ever since the train disaster last summer at Lac Megantic, Quebec, people in our region have been taking more notice of the oil trains traversing our rails.

Concerns have been raised on the New York side of Lake Champlain, where the Canadian Pacific railroad tracks run close to the water.

“In some places they are literally right next to the water,” said Mollie Matteson, a senior scientist for the Center for Biological Diversity. “They run through towns like Plattsburgh, Essex, and Westport, and then eventually they end up down in Albany. From there they go on down south either to refineries or to other places by ship.”

The shipments are relatively new, having begun in the past two years.  Matteson said the trains were brought to the attention of more people by the disaster in Lac Megantic.  The unit trains, as they are sometimes called, are trains entirely of tank cars of crude oil.

“What’s unique is this cargo and this new phenomenon of carrying crude oil by rail. And it’s something that’s been happening all around the country, but only just in the last couple years we’ve seen tremendous growth around the country,” Matteson said. “What’s happening here locally is that we have this new cargo, that has proven to be highly dangerous explosive and obviously if there’s a derailment and a spill it could severely damage our aquatic ecosystems and drinking water for thousands and thousands of people.”

A demonstration was held in Plattsburgh in July and some protestors expressed concern about whether the local emergency services are prepared to deal with a potential derailment and disaster.

Matteson said a starting point would be to make sure the transportation is safer. “These tank cars have been known for 20 years to be very puncture prone in any kind of derailment, even a low speed derailment. We need to get the oil off the rails. It’s simply not a sensible way to be transporting a hazardous material through thousands of small towns and cities around the country, exposing millions of people to this risk.”

The bigger question, Matteson said is should we be extracting more fossil fuels from the ground?

“Really what we need to be looking at is transitioning to a different energy regime.”

There are proposed rules to require upgrades to safer tank cars, but they would be phased in over a number of years and Matteson said, the Center for Biological Diversity believes the trains need to be off the rails immediately until there are safer cars in place, and there needs to be adequate oil spill response plans.

This oil is coming from the North Dakota Bakken oil fields to the terminal in Albany, a company called Global Partners. They are looking to expand their operations in the port. The Center for Biological Diversity has been involved in lawsuit against the company and the New York Department of Environmental Conservation over the proposed expansion plans.

Global Partners did not respond to a request for comment.

A community forum on the oil trains will be held on Thursday, August 28, from 7-9 p.m. at the Plattsburgh City Hall.

Bakken Crude, Crude By Rail, Emergency Readiness & Response, Federal Regulation (U.S.), Massive increase in crude-by-rail

Oil train risks push communities to prepare for worst – “Little Black Bullets”

Repost from Poughkeepsie Journal
[Editor: Significant quote: “The U.S. Department of Transportation acknowledged in its proposed rule that an another accident isn’t a question of if, but when.  “Absent this proposed rule, we predict about 15 mainline derailments for 2015, falling to a prediction of about 5 mainline derailments annually by 2034,” the department’s proposal stated. Reviews and lawsuits mean it could be years before the rule is implemented.”  – RS]

Oil train risks push communities to prepare for worst

Khurram Saeed   |   August 21, 2014
The home of Doris Quinones is less than 100 feet away from the CSX railroad track, on which as many as 4 oil trains pass by every day, not to mention freight trains carrying other hazardous chemicals. An oil train is seen passing from the yard of Doris Quinones, July 31, 2014 in Haverstraw.(Photo: Tania Savayan/The Journal News)

Little black bullets.

That’s what Doris Quinones calls the dozens of outdated tank cars filled with crude oil that rumble yards away from her Haverstraw home every day.

One train hauling oil can have up to 100 cars, and as many as 30 oil trains pass through Rockland each week on the way to refineries. That’s twice the number from just six months ago as demand continues to grow for the volatile crude oil drawn from the Bakken region in North Dakota.

Those trains also pass through Ulster County.

In Highland, the trains roll past a restaurant and a Hudson River waterfront park that is being outfitted with a new deep-water dock for tour boats.

Ulster County’s vulnerable infrastructure includes drinking water intakes for Port Ewen and the Town of Lloyd.

A 100-car oil train can carry 3 million gallons of crude oil, and because so many more are on the rails, the number of derailments and accidents is rising.

The oil trains, which do not travel on a set schedule, roll through four of Rockland’s five towns on CSX Railroad’s River Line. Fully loaded trains run north to south, less than a mile from Helen Hayes Hospital in West Haverstraw, Lake DeForest reservoir in Clarkstown, the Palisades Center in West Nyack and Dominican College in Blauvelt, not to mention dozens of neighborhoods, scores of schools and day care centers and right past key highways like the Thruway.

Given her proximity to the tracks, Quinones said a derailed train would “land in my living room.”

“We’re all realists,” Quinones said recently in her backyard, where she sometimes lounges in her swimming pool and tends to her cucumbers. “They got to get something somewhere. It’s got to go on the freight train but they got to take extra measures even if it costs them more money.”

The oil trains are hard to miss, and the safety issues surrounding them, particularly their tank cars, have become harder to ignore. There have been a number of fiery explosions and accidents since 2013 that have caused officials at all levels to look closer at the dangers of shipping oil by rail.

Just over a year ago, 47 people died when an unattended oil train derailed and exploded in Lac-Megantic, Quebec. Rockland had a close call in December when an oil train transporting 99 empty tank cars from Philadelphia to North Dakota hit a truck stuck on the crossing in West Nyack, sending the truck’s driver to the hospital.

Planning for worst

Peter Miller, chief of the Highland Fire District, said firefighters took part in a drill in Kingston on May 30, along with other fire departments. The drill was sponsored by the Ulster County Emergency Services Department and CSX.

He said the district’s response plans are constantly being updated, particularly now that the Bakken crude is rolling through.

“We upgrade our training and our response plans to cover what we would do, depending on where the incident is,” he said.

Even as federal transportation officials are proposing more stringent requirements for tank cars to make them safer, Rockland’s first responders are planning for nightmare scenarios and how to evacuate thousands of people quickly in a catastrophe or have them stay where they are.

“Our job is to really plan for the worst,” said Chris Jensen, Rockland County’s hazardous materials coordinator.

Rockland emergency officials are finishing the evacuation map for residents and businesses within a mile of the River Line.

It covers a mile on either side of the rail line, broken into half-mile sections, from Bear Mountain to the New Jersey border.

Gordon Wren Jr., director of Rockland’s Office of Fire and Emergency Services, said the map “allows us to make the decisions quicker, faster.”

“Do you evacuate or not? If so, how far?” Wren said.

The map identifies schools, day care centers, nursing homes and senior housing, among other landmarks.

“(A police officer) can look at that and say, ‘Let’s get the people out of here,’ ” said Dan Greeley, assistant director of the county Office of Fire and Emergency Services. “It happens instantaneously.”

The U.S. Department of Transportation acknowledged in its proposed rule that an another accident isn’t a question of if, but when.

“Absent this proposed rule, we predict about 15 mainline derailments for 2015, falling to a prediction of about 5 mainline derailments annually by 2034,” the department’s proposal stated. Reviews and lawsuits mean it could be years before the rule is implemented.

In 2008, just 9,500 carloads of crude oil moved by rail. Last year, the figure exceeded 400,000, the Association of American Railroads said.

Rail industry officials note that 99.9 percent of all hazardous rail shipments reach their destinations safely and that only rail has afforded the nation the flexibility to move large volumes of oil so quickly and freely, letting the United States wean itself off foreign oil.

Susan Christopherson, chair of Cornell University’s city and regional planning department, said though pipelines are safer, oil shippers from western Canada and the Bakken shale region prefer trains because they provide flexibility from different points of origin to refineries nationwide.

The problem, she said, is the Federal Railroad Administration has “little capacity” to regulate the rail industry or monitor rail infrastructure safety.

“Costs for emergency preparedness have to be absorbed by state and local government,” Christopherson wrote in an email. “There is little or no compensation for these costs, which can be significant.”

Under Gov. Andrew Cuomo, the state has become increasingly proactive, carrying out inspection blitzes of rail yards and leveling fines.

‘Witches’ brew’

The River Line, part of CSX’s rail network, runs from outside Albany. In February, the railroad told The Journal News that two oil trains used the line daily, or 14 a week. By June, the railroad fixed the number of trains hauling 1 million gallons or more of Bakken crude at 15 to 30, or up to four each day, according to documents it had to file with the state.

CSX spokesman Gary Sease said there have been incremental increases in crude oil volume over the past several weeks with likely more to come. The railroad recently completed double-tracking work in north Rockland to increase capacity on the track.

“It is a result of market conditions and can fluctuate,” Sease wrote in an email.

“We see customers investing in additional crude oil terminals over the next couple of years.”

Bakken crude oil is just the latest dangerous substance to travel the line, Jensen said. Toxic substances such as chlorine, ethanol, propane and vinyl chloride have moved on the former West Shore line for decades.

“It’s a witches’ brew of stuff,” Jensen said.

But one big difference is the amount of Bakken crude that passes through Ulster, Rockland and, for that matter, 15 other counties in New York.

Aside from CSX, Canadian Pacific Railway hauls Bakken crude from the Midwest to Albany, with an average of one train a day with a million-plus gallons.

In May, CSX began a first responders training program by bringing equipment and experts to communities to teach them about incidents involving crude oil. More than 1,000 people have been trained, he said.

That’s a good start but more needs to be done, said Jerry DeLuca, executive director and CEO of the New York State Association of Fire Chiefs.

“You don’t fight an oil fire with water. We need to have foam and a lot of it,” said DeLuca, whose group represents more than 11,000 professional and volunteer fire chiefs. “It’s not something we utilize every day, so you have to be trained.”

Poughkeepsie Journal staff writer John Ferro contributed to this report.
Bakken Crude, Bridge safety, Crude By Rail, Federal Regulation (U.S.), Massive increase in crude-by-rail, Rail inspection

Bridge wake-up call

Repost from Philipstown.info, Philipstown, NY
[Editor: This story out of New York is a wake-up call for us all.  Bridge safety in Northern California is a serious issue, and  we have heard little discussion on the subject as Valero  proposes to bring oil trains over the Sierra, through the Sacramento River Valley and  across the protected Yolo  Basin and Suisun Marsh.  Another refinery proposes to send these trains over the 85-year old Benicia Bridge, then alongside our beautiful Carquinez Strait and down through the heavily populated communities on the east shore of the San Francisco Bay.  – RS]

CSX Says Bridge Safe

Crude oil trains make daily crossings

By Michael Turton, August 1, 2014

A railway bridge located on the Hudson River across from Cold Spring has visibly deteriorated however its owner says it remains fit for daily use by freight trains. The bridge is located at milepost 51 on the River Line, a 132-mile stretch of track that runs from northern New Jersey to Selkirk, New York, just south of Albany. The bridge and the tracks are owned by the Florida-based CSX Corporation. At the bridge, the tracks are located just a few feet from the riverbank.

Concrete has crumbled beneath one of the bridge's vertical supports.

The span in question, along with a second bridge a few hundred yards to the south, crosses over a pair of narrow channels that enable waters from a wetland located west of the tracks to flow in and out freely as river levels change due to tides, wind and rain. Concrete that forms a part of the bridge’s structure has crumbled beneath a vertical support directly under the tracks.

In an email to The Paper, CSX Spokesperson Kristin Seay, said that the bridge is “current” with regard to its annual inspection. “It was last inspected on Feb. 6, 2014, and was determined to be safe for railroad operations.” Seay said that all CSX bridges are inspected annually.

The bridge to the south also shows signs of deterioration but to a lesser extent. On that structure, concrete has fallen away, exposing the reinforcing metal bar.

Oil transport by rail on the rise

The condition of tracks and bridges along the Hudson River has become more significant locally as part of a national trend which has seen an exponential increase in the transport of crude oil and other hazardous materials by rail in recent years. On July 23, 2014, USA Today reported that “The number of oil-carrying cars run by seven major U.S. railroads jumped from 9,500 in 2008 to 407,761 in 2013…” Closer to home, Seay told The Paper that “CSX operates an average of two to three loaded crude oil trains per day over (the River Line) route…” That adds up to between 700 and 1,000 crude-oil trains that pass directly across from Philipstown each year.

An average of two or three trains carrying crude oil cross over the bridge daily.

Two high profile, rail-related tragedies that occurred in recent months no doubt add to local concern. Last July, in Lac-Megantic, Quebec, a train loaded with oil exploded, killing 47 people. Local insurance claims were estimated at $50 million. And in May of this year, a train derailed in Lynchburg, Virginia, dumping some 50,000 gallons of crude oil into the James River.

A July 23 editorial in the Albany Times Union underscored what it called “failure of government to adequately ensure rail safety” as evidenced by such accidents.

Federally regulated

Freight rail lines in the U.S. are regulated almost entirely at the federal level by the Federal Railroad Administration (FRA). Federal law requires that all railroad companies inspect their own bridges on an annual basis — regardless of the size of the bridge. Companies must determine the load capacity of each bridge, certifying to the state where it is located that it is capable of bearing the daily load it must handle.

On July 23, the Federal Department of Transportation proposed comprehensive rules to improve crude oil transportation safety. Recommendations include an immediate phasing out of older tank cars, new standards for tanker cars that carry highly hazardous materials, reduced operating speeds, and required notification of first responders.

At the state level, the New York State Department of Transportation’s (DOT) Rail Safety Inspection Section participates in FRA safety programs — mainly for staff training and certification. Beau Duffy, DOT Director of Communications, told The Paper that the agency also conducts random inspections or “blitzes” of rail facilities, focusing on track conditions and mechanical equipment such as brakes and wheels. He said that DOT does not however inspect bridges.

National issue … local focus

The deteriorating bridge across from Cold Spring brings what has become a significant national issue into very local focus.

Commenting on the CSX bridge, a Federal Railroad Administration official told The Paper that the FRA would work with CSX to ensure it is in compliance with all federal safety standards noting that FRA inspectors regularly evaluate railroad companies’ bridge safety practices to identify potential weaknesses.

Local senior-elected officials also commented on the River Line bridge. “Like many of my neighbors, I’m extremely concerned about the integrity of this bridge,” said Rep. Sean Patrick Maloney (D-18th District, NY), when notified of the issue by The Paper. “I immediately brought this to the … attention of CSX, and I’ll work closely with officials to ensure inspections are conducted and any necessary repairs are done promptly. With billions of gallons of oil barreling down the Hudson, we must be vigilant that issues like this are addressed quickly — the safety of our neighbors, environment and communities is far too important.”

Maloney is a member of the House Transportation and Infrastructure Committee, and has been working with the chairman of that committee to examine the environmental and economic impact of shipments of crude oil along the Hudson River.

New York State Sen. Terry Gipson (D-Dutchess, Putnam) also commented. “The impact of an oil train incident along the shore of the Hudson River would be devastating to our communities who rely on the river for their drinking water and our local economy,” Gipson said via email. “That is why I … have expressed strong concerns to our federal government about the need for safety improvements relating to the interstate transportation of crude oil along the Hudson River. This effort includes ensuring necessary track maintenance and infrastructure investments that will allow businesses to operate more effectively and safely.”

Photos by M. Turton