Reroute oil trains? History suggests it’s a long shot
By Jim Spencer, March 21, 2015 – 8:22 PM
Industry says reinforced cars on current routes are better than trying to avoid heavily populated areas.
A train carried Bakken oil past St. Paul. Federal rules say a single tanker car spill and fire would require a half-mile evacuation. Photo: Star Tribune
WASHINGTON – Last week, U.S. Sen. Al Franken asked the Federal Railroad Administration to consider rerouting trains carrying volatile Bakken crude oil from North Dakota so they do not pass through Minnesota’s biggest cities.
For Franken, the possibility of rerouting is an integral part of a comprehensive response to a recent rash of fiery oil train derailments that also includes stabilizing Bakken crude before it is loaded into stronger tanker cars.
For the nation’s powerful railroad lobby, however, rerouting is an unwarranted intrusion into a rail safety system that the industry says works.
Government-ordered rerouting of private rail traffic is not exactly a snowball in hell. It is more like a blizzard in Bahrain — possible, but unprecedented.
In Minnesota and around the country, “rerouting issues ought to be high on everyone’s agenda,” said rail safety expert Fred Millar, who fought unsuccessfully against railroads to move chlorine trains out of the District of Columbia. “But rerouting has been pushed off the table.”
Congress created the Federal Railroad Administration in 1966. In nearly half a century it does not appear to have forced any railroads to reroute trains around big cities for safety reasons, despite computer modeling that estimates routing changes could lower citizens’ risks to hazardous materials derailments by 25 to 50 percent and reduce casualties in an actual derailment by half.
The Minnesota Department of Transportation (MnDOT) last week estimated that 326,170 state residents live within a half-mile of rail routes that carry oil from North Dakota across Minnesota. A half-mile is the federal emergency response evacuation zone required in the event of a single tanker car spill and fire. Multiple-car fires require up to a mile evacuation.
MnDOT data shows that 156,316 of the Minnesotans subject to evacuation in an oil train derailment live in the Twin Cities metro area. Most North Dakota oil trains enter Minnesota at Moorhead, then travel on BNSF Railway and Canadian Pacific Railway tracks into the Twin Cities before turning south along the Mississippi River and east across Wisconsin. A few oil trains travel through western Minnesota into Iowa.
Although the National Transportation Safety Board has backed rerouting in some circumstances, federal laws passed in 2007 grant private rail companies wide latitude in determining when and where trains should move, even trains carrying hazardous materials.
Canadian Pacific did not comment specifically on rerouting trains in Minnesota, but in an e-mail to the Star Tribune, the railroad said it has voluntarily complied with the federal government’s Crude by Rail Safety Initiatives and performed “route risk assessments.”
BNSF, the largest crude-by-rail hauler out of North Dakota, declined to comment on rerouting and referred questions to the rail industry’s major trade group, the Association of American Railroads.
An AAR spokesman said the industry opposes re-routing oil trains because the existing routes are the safest, even when they pass through urban areas. The industry supports more structurally secure tanker cars, track inspections and training of emergency response teams, said AAR media relations director Ed Greenberg.
BNSF also has invested heavily in track improvements to increase safety along its existing Minnesota oil train routes.
“We’re using routing technology called the Rail Corridor Risk Management System developed by the federal government,” Greenberg said. The technology measures 27 factors — including population density — to determine the safest route for moving hazardous materials, including crude oil, Greenberg said.
“Rerouting isn’t the answer,” he maintained. “All it has accomplished in the past is to force rail traffic through other communities on tracks not built to accommodate products like crude oil.”
The Federal Railroad Administration declined to discuss rerouting oil trains in Minnesota. In an e-mail statement, acting administrator Sarah Feinberg said of Franken’s request: “Over the past 18 months we have taken more than a dozen actions to enhance the safe transport of crude oil while working on a comprehensive rule that is now in its final stages of development.”
The state has little say in the rerouting debate. “The railroads are regulated by the federal government,” Minnesota Department of Transportation spokesman Kevin Gutknecht said. “The state does not have the authority to move, or reroute, rail lines.”
Rerouting trains away from the Twin Cities is not part of a rail safety initiative unveiled March 13 by Gov. Mark Dayton. That proposal calls for spending $330 million over 10 years, much of it in greater Minnesota, mainly to make road-rail crossings safer and to improve emergency response.
A Growing Risk: Oil Trains Raise Safety and Environmental Concerns
By Cory Golden, in the February 2015 issue of Western City
George Spade/Shutterstock.com
More and more often, trains snake down through California from its northern borders, with locomotives leading long lines of tank cars brimming with volatile crude oil.
Rail remains among the safest modes of transport, but the growing volume of crude being hauled to California refineries — coupled with televised images of fiery oil train accidents elsewhere — have ratcheted up the safety and environmental concerns of city officials and the residents they serve.
Local and state lawmakers have found that their hands are largely tied by federal laws and court rulings pre-empting new state and local regulation of rail traffic.
Growing Volume and an Increasing Number of Accidents
Until recently, California’s refineries were served almost entirely through ports. An oil boom in North Dakota and Canada from the Bakken shale formation and a lack of pipeline infrastructure have led to a dramatic increase in oil-by-rail shipments nationwide.
Oil imports to California by rail shot up 506 percent to 6.3 million barrels in 2013 (one barrel equals 42 gallons). That number will climb to 150 million barrels by 2016, according to the California Energy Commission.
The surge represents an “unanticipated, unacceptable risk posed to California,” said Paul King, deputy director for the California Public Utilities Commission’s Office of Oil Rail Safety, during a Senate hearing last year.
As the volume of oil being transported by rail has swelled, derailments in the United States and Canada have also increased. Despite $5 billion in industry spending on infrastructure and safety measures — with half of that for maintenance — railroads spilled more crude in the United States during 2013 than in the previous four decades combined, according to an analysis of federal data by McClatchy DC News.
Railroads continue to boast a better than 99 percent safety record, and most spills have been small, but with each tank car holding more than 25,000 gallons of oil, the exceptions — including eight mishaps in 2013 and early 2014 — have been dramatic and devastating, none more so than an accident in July 2013. That’s when 63 cars from a runaway train exploded, leveling much of Lac-Mégantic, Quebec, and killing 47 people.
So far, California has been spared a major crude oil accident, but the number of spills here is climbing: from 98 in 2010 to 182 in 2013, according to the California Office of Emergency Services (OES).
Trains carrying Bakken crude travel south through Northern California, turning from the western slope of the Sierra Nevada and rumbling through the hearts of cities large and small. The trains pass within blocks of the state Capitol, hospitals and schools and through sensitive ecological areas such as the Feather River Canyon and Suisun Marsh.
Lethal Accidents Spur a Push for Increased Safety Measures
The Lac-Mégantic accident and others that have followed have led to a push for change at the federal level. Two agencies of the U.S. Department of Transportation (DOT), the Federal Railroad Administration and Pipeline and Hazardous Materials Safety Administration, shoulder responsibility for writing and enforcing railroad safety regulations.
In early 2014, the DOT and railroad industry announced a series of voluntary steps to increase safety. The DOT released a comprehensive rule-making proposal in July 2014, calling for structurally stronger tank cars, new operating requirements, speed restrictions, enhanced braking controls and route risk assessments, and a classification and testing program for mined gases and liquids.
The DOT proposal calls for phasing out within two years older model tank cars, called DOT-111s, long known to be vulnerable to rupturing in a crash. The National Transportation Safety Board, which investigates accidents, first urged replacing or retrofitting them in 1991.
In September 2014, the American Petroleum Institute and Association of American Railroads jointly asked the DOT for more time — up to seven years to retrofit tank cars.
Another safety measure, called positive train control (PTC), makes use of global positioning systems. It is intended to prevent collisions, derailments due to high speeds and other movements that could cause accidents, like a train using track where maintenance is under way. PTC can alert train crews to danger and even stop a train remotely.
Following a 2008 Metrolink crash in Los Angeles that killed 25 people — caused when an engineer missed a stop signal and collided with a Union Pacific freight train — Congress mandated PTC implementation on 60,000 miles of track nationwide. Large railroads have spent $4.5 billion to implement the technology, but the industry says it cannot meet its 2015 deadline.
Among the members of California’s congressional delegation demanding stricter regulations are Senators Dianne Feinstein and Barbara Boxer, who have called for more information to be released to first responders on train movements.
Sen. Feinstein also wrote a letter that urged the DOT to include pneumatic brakes, which can greatly reduce stopping distances, in its planned review of tank car design, and to extend the PTC requirement to any route used by trains carrying flammable liquids near population centers or sensitive habitat.
Meanwhile, Industry Continues to Grow
The growth in domestic crude oil is reflected in projects that include seven proposed, completed or under-construction expansions that together would have a maximum oil-by-rail capacity of 561,000 barrels per day at Bakersfield, Benicia, Pittsburg, Santa Maria, Stockton and Desert Hot Springs (see “Increasing Refinery Capacity” below).
As of December 2014, the Kinder Morgan Inc. facility in Richmond was the only refinery that could receive unit trains, which are trains with 100 or more tank cars carrying a single commodity and bound for the same destination.
InterState Oil Co. had its permit to offload crude at McClellan Park, in Sacramento County, revoked in November 2014 by the Sacramento Metropolitan Air Quality Management District. The district said it had issued the permit in error and that it required a full review under the California Environmental Quality Act.
Refineries in Bakersfield, Vernon, Carson and Long Beach were receiving crude deliveries from manifest trains, which carry a mix of cargo.
Safety Efforts Focus on Planning, Preparedness and Response
The Federal Rail Safety Act of 1970 authorized the U.S. secretary of transportation to create uniform national safety regulations. States are allowed to adopt additional, compatible rules if they do not hinder interstate commerce and address a local safety hazard. Courts have consistently ruled against almost all attempts by states to use the local safety hazard exception, however.
Thus, unable to regulate train movements, California lawmakers and agencies have pursued three main courses of action: planning, preparedness and response.
In the Golden State, the California Public Utilities Commission (CPUC) shares authority with the federal government to enforce federal safety requirements, and OES and local agencies lead emergency response. In 2014, Gov. Jerry Brown expanded the Department of Fish and Wildlife’s Office of Spill Prevention and Response to include inland areas.
The Legislature approved a Senate Joint Resolution, SJR 27 (Padilla), urging the DOT to safeguard communities and habitat, strengthen the tank car fleet, mandate the earlier voluntary safety agreement with railroads and prioritize safety over cost effectiveness.
Recent legislation includes AB 380 (Dickinson, Chapter 533, Statutes of 2014), which calls for increased spill-response planning for state and local agencies and requires carriers to submit commodity flow data to OES, and SB 1064 (Hill, Chapter 557, Statutes of 2014), which seeks to improve accountability and transparency regarding CPUC’s responses to federal safety recommendations.
The FY 2014–15 state budget also allocated $10 million to the CPUC, which planned to add seven more track inspectors, and authorized the state oil spill prevention fund to be used for spills in inland areas. In addition, the budget expanded the 6.5 cent per-barrel fee to include all crude oil entering the state.
The 10 state agencies that have some hand in rail safety and accident response have formed the Interagency Rail Safety Working Group. It issued a report last June that called for, among other things, older tank cars to be removed from service, stronger cars, improved braking, PTC and better markings on cars so that firefighters know how to proceed in an accident.
Speaking to Richmond residents in December 2014, Gordon Schremp, senior fuels specialist for the California Energy Commission, welcomed the moves to increase safety at the federal level. All indications were that railroads were complying with new measures like lower speed limits, he said.
“Does it mean there will be zero derailments? No, but the goal is to get there,” said Schremp.
Local government officials face a daunting challenge when it comes to disaster response.
The Interagency Rail Safety Working Group also found that, as of June 2014, there were no hazardous materials response teams in rural areas of Northern California and units in other areas of the state lacked the training and equipment needed to take a lead role. Forty percent of the state’s firefighters are volunteers.
“Training is of the utmost importance,” said Deputy Chief Thomas Campbell, who oversees the Cal OES Hazardous Materials Programs. “We understand that local governments are limited in finances and that it’s difficult to get firefighters out of rural communities to train because they are volunteers.”
Some Local Communities Oppose Expansion
At the local level the proposed expansion of California refineries sometimes has run into heated opposition.
After news reports revealed that Bakken crude was being transported into the City of Richmond, City Manager Bill Lindsay wrote a letter to the Bay Area Air Quality Management District in November 2014 calling for it to revoke energy company Kinder Morgan’s permit to offload the crude there. That followed a lawsuit filed by environmental groups to revoke the permit — a suit tossed out by the judge because it was filed too late.
Elsewhere, a proposal by Valero Energy Corp. would bring 1.4 million gallons of crude daily to its Benicia refinery. The proposal has been met with letters questioning the city’s environmental and safety analysis from senders that have included the CPUC, Office of Spill Prevention and Response, the Sacramento Area Council of Governments, the Capitol Corridor Joint Powers Authority and cities along the rail line, including Davis and Sacramento. The Union Pacific Railroad has responded by stressing federal pre-emption of rail traffic.
Even as those proposals played out, a pair of derailments in Northern California underscored the importance of the debate. While neither spill involved crude oil or hazardous materials, both served as a warning of the need for California to improve its emergency response capability. Eleven cars carrying freight derailed and spilled into the Feather River Canyon near Belden on Nov. 25, 2014. Three days later, one car tumbled off the tracks near Richmond. The cars were loaded with corn in the first instance and refrigerated pork in the second.
What’s Ahead
The League continues to closely monitor developments in oil by rail. In September 2014 the League made recommendations to the DOT on the federal rule-making governing rail safety. The recommendations included providing more information and training to first responders, mandating speed limits and stronger tank cars, and using all available data to assess the risks and consequences of crude oil transport. Two months later, the National League of Cities passed a resolution stressing many of the same safety measures.
League of California Cities staff conducted a series of webinars during fall 2014 to better acquaint members with the oil-by-rail issue, and its Public Safety and Transportation policy committees took up the subject in January 2015 meetings.
Increasing Refinery Capacity
The California Energy Commission is tracking the following projects, which would dramatically increase the oil-by-rail capacity of refineries:
Plains All American Pipeline LP in Bakersfield, which took its first delivery in November 2014, has a capacity of 65,000 barrels per day (bpd);
Alon USA Energy Inc. in Bakersfield, under construction, will be able to receive 150,000 bpd;
Valero Energy Corp. in Benicia, which is presently undergoing permit review, would have a 70,000 bpd capacity;
WesPac Energy-Pittsburg LLC in Pittsburg, undergoing permit review, could receive up 50,000 bpd by rail and 192,000 bpd through its marine terminal; and
Phillips 66 in Santa Maria, undergoing permit review, could accept 41,000 bpd.
In addition, Targa Resources Corp. at the Port of Stockton is planning an expansion that would enable it to receive 65,000 bpd. And Questar Gas Corp. is planning a project that could see it offload 120,000 bpd near Desert Hot Springs, then send it through a repurposed 96-mile pipeline to Los Angeles.
Photo credits: Ksb/Shutterstock.com; Steven Frame/Shutterstock.com.
Repost from The Los Angeles Times [Editor: Media coverage of late is quite repetitive, calling for better oil and rail safety standards. This piece has significant new material, and is a must-read. Quotes: “…about three freight train derailments occur every day on average.” And, “Jim Hall, former chairman of the National Transportation Safety Board and among the top safety experts in the country, believes the government has misjudged the risk posed by the growing number of crude-oil trains. ‘We have never had a situation equivalent to 100 tank cars end to end traveling through local communities,’ Hall said. ‘This is probably the most pressing safety issue in the country. The industry has turned a deaf ear.'” – RS]
Crude-oil train wrecks raise questions about safety claims
By Ralph Vartabedian, March 12, 2015
Flames erupt from the scene of a crude-oil train derailment Feb. 16 near Timmins, in Ontario, Canada. (Transportation Safety Board of Canada)
Four accidents in the last month involving trains hauling crude oil across North America have sent flames shooting hundreds of feet into the sky, leaving some experts worried that public safety risks have been gravely underestimated.
Crude trains have crashed in Illinois, West Virginia and twice in Ontario, Canada, forcing evacuations of residents and causing extensive environmental contamination.
The industry acknowledges that it needs to perform better, but says the trains are involved in derailments no more frequently than those hauling containers, grain or motor vehicles. Although the public doesn’t pay much attention, about three freight train derailments occur every day on average.
Critics, however, say the industry’s position misses the point. All it is going to take is one major accident to change the entire calculus.
This crude-oil train derailment March 5 near Galena, Ill., was one of four in North America in the last month. (Mike Burley / Associated Press)
Jim Hall, former chairman of the National Transportation Safety Board and among the top safety experts in the country, believes the government has misjudged the risk posed by the growing number of crude-oil trains.
“We have never had a situation equivalent to 100 tank cars end to end traveling through local communities,” Hall said. “This is probably the most pressing safety issue in the country. The industry has turned a deaf ear.”
Crude shipments have skyrocketed from 29,605 cars in 2010 to 493,126 in 2014, though the growth rate appears to have flattened out over the last 12 months.
As the shipments have grown, so has the number of accidents. The Assn. of American Railroads says there have been seven accidents that resulted in a spill of more than 5 gallons of oil in the last 18 months.
The Times, based on public records and news accounts, found a total of 13 accidents in the U.S. and Canada since the July 2013 catastrophe at Lac-Megantic, Quebec, in which 47 people died when a runaway oil train crashed into the center of the city.
The crashes have occurred on bridges, along rivers, near downtowns and in the middle of farms, but none of them have caused the loss of human life since the Quebec accident.
The key question is whether the industry is playing a game of Russian roulette, betting the trains will keep crashing in relatively safe rural sections of track.
As long as the crashes do not threaten public safety, the economic losses to the petroleum companies do not appear to be a deterrent.
Each tank car carries about 682 barrels of oil, worth about $33,000. A used tank car may be worth as little as $30,000, based on rail equipment broker websites. Thus, a derailment and loss of 15 cars with their crude could impose a loss of less than $1 million.
Thomas D. Simpson, president of the Railway Supply Institute, a trade group that represents tank car and other manufacturers, said the rail industry doesn’t have a lot of choice.
Under federal law, it must carry any rail car that meets federal specifications. It means that when the petroleum industry fills a tank car with crude, the freight lines don’t have the option of telling them to take their business elsewhere.
“They are betting their railroad that they are not going to blow up Los Angeles,” Simpson said.
He said the industry had committed to a significant improvement in safety, in which tank cars would have heavier shells, crash shields and stronger valves. And it would retrofit existing cars with stronger shields and thermal protection that would delay fires or explosions.
Simpson is confident that there is nothing about tank cars that makes them more likely to derail than any other type of rail car. “Tank cars don’t slosh and start rocking back and forth,” he said. “I asked that too.”
The question remains why the crude-oil trains are crashing and whether they are crashing for the same reasons as other freight trains.
Brigham McCown, former chief of the federal agency that sets tank car rules, said he believed the string of recent accidents had resulted from extreme weather this winter. The introduction of continuous welded track has made rails more vulnerable to expansion and contraction during temperature swings, experts say.
Another big unknown is human error, which accounted for 38% of all accidents in 2014. The Federal Railroad Administration is still investigating the specific causes of many recent crude train accidents, but it appears so far that none in the U.S. has involved a clear-cut case of human error.
Bill Kibben, a rail safety consultant who has worked for major railroads and government agencies, said accidents seldom occurred at a statistically even rate. “It is going to happen and it is going to be catastrophic,” Kibben said.
Historically, human error accidents have accounted for some of the most serious losses of life.
A decade ago, human error resulted in a train hauling chlorine gas to crash into a parked train on a siding, releasing poison gas that killed nine people and injured 250 others in Graniteville, S.C. In 2008, human error caused a head-on collision between a Metrolink train and a freight train in Chatsworth, killing 25 people and injuring 135 others.
Kibben said that train crews were often affected by health concerns and fatigue, as well. In 2013, four people were killed in the Bronx, N.Y., when a train engineer sped into a curve, an error he later attributed to being in a daze.
“We recognize the public’s deep concern,” said Ed Greenberg, spokesman for the railroad association. “We acknowledge we need to work with other stakeholders.”
Under a deal worked out last year with the Federal Railroad Administration, the rail industry agreed to operate crude trains at a maximum speed of 50 mph and slow down to 40 mph through some urban areas.
Greenberg said the U.S. rail industry had driven down its accident rate by 42% since 2000, making 2014 its safest year on record.
But environmentalists say safety rates for explosive products should not be compared to other merchandise.
“There should be a moratorium on crude trains until sufficient protective measures are in place at the federal level,” said Mollie Matteson, a scientist at the Center for Biological Diversity.
Canada to propose tougher oil tank standards after a string of crashes
Rob Gillies and Joan Lowy, March 12, 2015 1:22AM EDT
A CN Rail train derailment near Gogama, Ont., is shown in a Sunday, March 8, 2015 handout photo. (THE CANADIAN PRESS / HO – Glenn Thibeault)
TORONTO — The Canadian government has proposed tough new standards for rail tank cars used to transport crude oil in response to a string of fiery crashes. The proposal, posted online Wednesday by Transport Canada, would require the cars to have outer “jackets,” a layer of thermal protection, and thicker steel walls.
The requirements are tougher than the oil industry wanted. But the proposal doesn’t include electronically controlled brakes that automatically stop train cars at the same time instead of sequentially, which are opposed by freight railroads. Regulators said they will take that issue up separately
Final regulations are expected by mid-May. U.S. officials have been working closely with Canada on the regulations and the White House is reviewing a draft proposal.
There have been four oil train derailments in the U.S. and Canada since mid-February. A runaway oil train derailed in Lac-Megantic Quebec in 2013, killing 47 people.A U.S. Transportation Department analysis predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, causing more than $4 billion in damage and possibly killing hundreds of people if an accident happens in a densely populated part of the U.S.
New standards were enacted after Lac Megantic, but safety officials on both sides of the border called for even stronger measures after fiery derailments continued to happen despite the new tank cars standards.
The newest standard calls for a hull thickness of 9/16th of an inch, up from 7/17th of an inch and makes thermal jackets mandatory.
“The proposed requirements are still subject to final approval,” said Zach Segal, a spokesman for Transport Minister Lisa Raitt. “We are working to have this done in an expedited manner.”
Segal said Transport Canada is working in collaboration with the U.S and “wants this done and published as soon as possible.?” Segal said Prime Minister Stephen Harper’s cabinet will have final approval.
The Transport Canada proposal is a “pretty clear indication” of what final regulations are likely to look like, said Ed Hamberger, president of the Association of American Railroads.
“These are important protections to both help mitigate the potential for rupture of a tank car, as well as limiting the severity of an incident,” he said.
The oil and rail industries want thinner tank walls — half an inch thick, instead of the 9/16ths-inch that regulators propose. The thicker the shell, the less oil a tank car can hold, and with about a half-million carloads of crude hauled by rail in the U.S. and Canada last year, the cost difference could add up.
The tank cars in the recent accidents were built to a voluntary standard written by industry representatives in 2011 to answer criticism that cars used to transport flammable liquids were prone to rupture in an accident and spill their contents and ignite spectacular fires. But most recent accidents show that the newer cars — known as 1232s — also are prone to rupture, even at slow speeds. Trains involved in four recent accidents were travelling under 40 mph (64 kph).
The White House budget office is reviewing a draft proposal for a sturdier tank car design, as well as other safety proposals. U.S. and Canadian officials have been working closely together to co-ordinate the regulations since the tank cars move back and forth across the border. Railroads and shippers have said if there were separate regulations in each country it could cause significant shipping delays and raise costs.
The railroad association and officials from CSX, Norfolk Southern and Burlington Northern-Santa Fe argued against requiring the electronically controlled brakes in a meeting with White House officials last week, according to a document posted online by the government. They say the government has underestimated the cost of equipping tank cars with the brakes and overestimated the safety benefits. Railroads complain that electronically controlled brakes would cost them $12 billion to $21 billion.
The oil industry has rapidly moved to using trains to transport oil, in part because of oil booms in North Dakota’s Bakken region and Alberta’s oil sands, and because of a lack of pipelines.
Lethal Accidents Spur a Push for Increased Safety Measures
