Tag Archives: Association of American Railroads (AAR)

Positive Train Control – background, progress, funding

Repost from the Miami Herald

Rail safety technology improvements delayed by cost, complexity

Curtis Tate, McClatchy Washington Bureau, May 14, 2015
Emergency personnel work at the scene of the deadly Amtrak train wreck Wednesday in Philadelphia. Federal investigators are trying to determine why the Amtrak train jumped the tracks in a wreck that killed eight people and injured dozens. Patrick Semansky – AP

Most of the nation’s railroads will not meet a Dec. 31 deadline for installing collision-avoidance technology that could have prevented Tuesday’s deadly Amtrak crash in Philadelphia.

Congress in 2008 required that railroads install positive train control by the end of this year, and although the rail industry has made progress on the $9 billion system, equipping 60,000 miles of track and 22,500 locomotives with the technology has proved to be complicated.

The technology has to work across not only the seven largest freight railroads but also 20 commuter railroads, Amtrak and dozens of smaller carriers. It requires 36,000 wireless devices that relay information to train crews and dispatchers from signals and track switches.

It also must work in densely populated regions where multiple rail lines intersect and are heavy with passenger and freight traffic, such as Chicago, Southern California, New York and New Jersey.

“Each of these systems has to be able to talk to each other,” said Ed Hamberger, the president and CEO of the Association of American Railroads, an industry group.

Even lawmakers who months ago wanted to hold the industry to the 2015 deadline have softened their position in recognition that the system simply won’t be ready.

Hamberger told reporters Thursday that the industry needs another three years just to get the equipment installed, and two more to make sure it works. Of the 60,000 miles of track where the system is required, he said only 8,200 miles would be ready by year’s end.

A bill approved by the Senate Commerce Committee in March would give railroads until 2020 to complete the task. But Sen. Dianne Feinstein, D-Calif., who wrote the legislation that contained the 2015 deadline, said a five-year blanket extension was not the answer.

“In my view, that is an extremely reckless policy,” she said in a statement Thursday. Feinstein has introduced a bill that would extend the deadline on a case-by-case basis.

The technology was not in place at the site of Tuesday’s derailment, on Amtrak’s Northeast Corridor, the busiest passenger railroad in the country. The National Transportation Safety Board said Wednesday that positive train control would have prevented Train 188 from approaching a 50 mph curve at more than 106 mph.

Eight people were killed and more than 200 were injured. It was Amtrak’s first fatal accident on the Northeast Corridor since a January 1987 crash that killed 16 people. In that instance, positive train control could have stopped a freight locomotive from running past a stop signal into the path of the Amtrak train.

The NTSB has recommended positive train control for decades. In January, the board included the technology on its “Most Wanted” list of safety improvements. It did not endorse giving railroads an extension beyond December.

Amtrak actually may finish its installation of the system on the entire 457-mile passenger rail corridor between Washington and Boston ahead of most railroads.

“We will complete this by the end of the year,” Amtrak President and CEO Joe Boardman said Thursday at a news conference in Philadelphia.

The rail industry supports the Senate bill that would give the companies a five-year deadline extension, and even some of the industry’s toughest critics in Congress are prepared to give it more time.

According to the Federal Railroad Administration, freight hauler BNSF and Metrolink, a commuter railroad in Southern California, are positioned to meet the original deadline.

An August 2008 collision near Chatsworth, Calif., prompted Congress to pass the Rail Safety Improvement Act requiring positive train control. Twenty-five people were killed when a Metrolink commuter train ran past a stop signal and into the path of a Union Pacific freight. According to the NTSB accident report, the Metrolink engineer, who was among those killed, was texting just before the crash.

Another fatal crash, on New York’s Metro North commuter railroad in December 2013, renewed calls for positive train control. Four people were killed when a New York-bound train jumped the tracks in the Bronx. The train was traveling 80 mph when it hit a 30 mph curve.

Positive train control is designed to prevent a train from running a red signal or approaching a slow curve too fast. Accident investigators don’t yet know why Train 188 was going more than twice the appropriate speed when it derailed in Northeast Philadelphia, but they do know the accident was preventable.

“The Amtrak disaster shows why we must install positive train control technology as soon as possible,” Sen. Barbara Boxer, D-Calif., said in a statement Thursday.

One thing Congress did not do when it required railroads to install the system was give them any money to do it. When asked Thursday how much the government had contributed to the freight railroads to assist with positive train control, Hamberger, of the Association of American Railroads, replied, “Zero.”

President Barack Obama’s fiscal 2016 budget includes $825 million to help commuter railroads install the technology. The president’s 2009 economic stimulus provided $64 million to Amtrak for its installation. But that wasn’t enough, the railroad said in a report justifying its 2014 budget request.

Overall, Amtrak has spent $110.7 million since 2008 to install positive train control.

“Additional funding to fully comply with PTC requirements is necessary,” Amtrak said.

Richard Harnish, the president of the Midwest High Speed Rail Association, a group that advocates for passenger rail improvements, said in a statement Thursday that positive train control was delayed because Congress gave railroads an unfunded mandate.

“Congress needs to invest in the safety of our transportation system,” he said.

Oil industry sues U.S. over train safety rules

Repost from The Fresno Bee

Oil industry sues government over train safety rules

By Curtis Tate, McClatchy Washington Bureau, May 12, 2015

The oil industry went to court Monday over the Obama administration’s new oil train safety rules, challenging the timeline for refitting tens of thousands of tank cars and the requirement for enhanced braking systems on the cars.

In its petition for review, filed Monday in the U.S. Court of Appeals for the District of Columbia Circuit, the American Petroleum Institute called the provisions, unveiled May 1 by the U.S. Department of Transportation, “arbitrary, capricious, (and) an abuse of discretion.”

The industry group asked the court to set aside the provisions. It did not challenge the department’s new standard for newly constructed tank cars carrying crude oil, ethanol and other flammable liquids.

The lawsuit names Transportation Secretary Anthony Foxx, Attorney General Loretta Lynch and Tim Butters, acting chief of the Pipeline and Hazardous Materials Safety Administration, the agency tasked with enforcing the rules.

In public statements and filings, the oil industry hinted that it would take legal action against the department’s new rules. It had said that the department’s proposed timeline for retrofitting the large fleet of DOT-111 tank cars wasn’t realistic. It also said that the benefits of installing electronic brakes on the tank cars didn’t justify the cost.

The rail industry’s principal trade group, the Association of American Railroads, also opposed the braking requirement, though it was more supportive of the retrofit timeline.

When asked about a potential legal challenge to its rules, Foxx said he expected that the courts would uphold the department’s power to regulate rail transportation.

“We believe strongly that our rule will stand up,” Foxx said on May 1.

This post has been updated to correct the federal court the suit was filed in.

New rules on oil trains draw flak from firefighters, too

Repost from the Bellingham Herald

New rules on oil trains draw flak from firefighters, too

By Curtis Tate, McClatchy Washington Bureau, May 11, 2015
Derailed train cars burn near Mount Carbon, W.Va., Monday. A CSX train carrying crude oil derailed at around 1:20 p.m. Monday, spilling oil into the Kanawha River and destroying a home in the path of the wreckage. Marcus Constantino/ Daily Mail

— Lawmakers and environmental and industry groups criticized the federal government’s new safety measures for oil trains when they were announced earlier this month. Now another group has expressed disappointment in the new rules:

Emergency responders. They’re among the first in danger when a fiery derailment happens.

After another oil train derailed and caught fire last week, this time in North Dakota and the fifth in North America this year, firefighters renewed their call for more training and information about hazardous rail shipments.

The International Association of Fire Fighters’ primary objection to the new rules is about their information-sharing requirements. But Elizabeth Harman, an assistant to the general president of the group, also said firefighters needed more training on responding to hazardous materials incidents. The rule didn’t directly address that issue, though some lawmakers have sought additional funding.

“The training that’s needed has been developed,” she said. “This is the first step that needs to be funded and expanded for all first responders.”

Harman said her group had been talking to the Federal Emergency Management Agency about making more competitive grants available for first-responder training.

Tank cars still showing accident vulnerability

Tens of thousands of rail tank cars haul flammable liquids, such as crude oil and ethanol, across North America, and most have weak spots that make them vulnerable to puncture and fire in an accident. A new tank car design has been approved, but is not widely available yet. There have been five serious oil train derailments so far this year.

Old and new tank car designs
Click for full size viewing
Accidents
Click for full size viewing.
  1. Feb. 14, Gogama, Ontario, 29 cars of a Canadian National oil train derail and a fire engulfs seven cars. No injuries are reported.
  2. Feb. 16, Mount Carbon, W.V., 28 cars of a CSX oil train derail along the banks of the Kanawha River. One injury reported.
  3. March 5, Galena, Ill., 21 cars of a BNSF crude oil train derail and a fire erupts.
  4. March 7, Gogama, Ont., 39 cars of a Canadian National oil train derail and a fire engulfs multiple cars. A bridge is destroyed by the heat. No injuries are reported.
  5. May 6, Heimdal, N.D., six cars of a BNSF crude oil train derail and a fire erupts, forcing temporary evacuation of Heimdal.
*In addition to the 2015 accidents, the map locates selected derailments from 1981 through 2014 involving DOT-111A tank cars that polluted waterways and threatened cities with flammable or toxic chemicals.  Sources: McClatchy Washington Bureau, National Transportation Safety Board, Department of Transportation, Surface Transportation Board, Association of American Railroads, Railway Supply Institute

Since 2010, an exponentially larger volume of flammable liquids, especially crude oil and ethanol, has been moving by rail, and with it has come an increase in risk to communities.

“We need to be prepared for it, and we’re willing to be prepared for it,” Harman said.

The rail industry and the government have funded new training for emergency responders as a result of the increased risk. Railroads train 20,000 firefighters a year in communities across the country, according to the Association of American Railroads, an industry group.

Since last summer, the rail industry has paid to send hundreds more to an advanced firefighting academy in Pueblo, Colo., designed for responding to oil train fires.

While firefighter groups have praised the industry’s efforts, 65 percent of fire departments involved in responding to hazardous materials incidents still have no formal training in that area, according to a 2010 survey by the National Fire Protection Association.

While no first responders have been injured in multiple oil train derailments and fires in the past year and a half, they’ve faced numerous challenges:

– When an oil train derailed and caught fire near Casselton, N.D., on Dec. 30, 2013, a BNSF student engineer became an ad-hoc first responder. According to interview transcripts published last month by the National Transportation Safety Board, the student donned firefighting gear and equipment as he uncoupled cars that were still on the track to move them away from the fire.

– When an oil train derailed and caught fire in downtown Lynchburg, Va., on April 30, 2014, first responders didn’t know right away which railroad to call, since two companies operate tracks through the city. According to a presentation at a conference of transportation professionals in Washington in January, it also took 45 minutes for first responders to obtain documents showing them what the train was carrying.

– After an oil train derailed and caught fire near Galena, Ill., on March 5 this year, volunteer firefighters could reach the remote site only via a bike path. Once there, they attempted to extinguish the fire, but had to retreat when they realized they couldn’t, leaving their equipment behind. According to local news reports, their radios didn’t work, either.

Harman said the U.S. Department of Transportation’s new regulations for trains carrying crude oil, ethanol and other flammable liquids didn’t go far enough with respect to information that railroads provided to communities.

Under an emergency order the department issued last May, railroads were required to report large shipments of Bakken crude oil to state emergency-response commissions, which then disseminated that information to local fire departments.

But under the department’s new rules, starting next year, railroads will no longer report the information to the states, and fire departments that want the information will have to go directly to the railroads. It also will be shielded from public disclosure.

“These new rules fall short of requiring rail operators to provide the information fire departments need to respond effectively when the call arrives,” said Harold Schaitberger, general president of the firefighters group.

Susan Lagana, a spokeswoman for the Department of Transportation, said Friday that the department was reviewing feedback from emergency responders and lawmakers to address their concerns.

She said the new rule would expand the amount of information available to first responders and noted that for now, last year’s emergency order remains in place.

Ed Greenberg, a spokesman for the Association of American Railroads, said the industry was reviewing the new regulations. He said it had shared information with first responders for years and would continue to do so.

Greenberg said the industry was developing a mobile application called AskRail that would give emergency responders immediate access to information about a train’s cargo.

“Freight railroads have ongoing dialogue with first responders, residents and local civic officials on rail operations and emergency planning,” he said.

Emergency planners in Washington state sought more information about oil trains from BNSF, including routing information, worst-case derailment scenarios, response planning and insurance coverage. On April 30, the railroad met with state fire chiefs in Olympia.

“I think both sides learned a little bit about the other group’s point of view,” said Wayne Senter, the executive director of the Washington Fire Chiefs. “I was pretty positive by the end of the meeting the information we asked for in our letter was either available or will soon be available either directly or indirectly.”

Samantha Wohlfeil of The Bellingham (Wash.) Herald contributed to this article.

Crude oil trains are unsafe, period. Stopping them will protect our communities and climate

Repost from Oil Change International
[Editor:  An important article by Lorne Stockman, Research Director
at Oil Change International in Washington, D.C.  Quote: “For the sake of a mere 4% of total petroleum passing through the United States, we say stop the trains now, protect North America’s communities and build an energy system that protects the climate and our citizens from a reckless oil industry.”  – RS]

Crude oil trains are unsafe, period. Stopping them will protect our communities and climate

By Lorne Stockman, March 26, 2015

rail-blog-featured v1The five major oil train derailments and explosions that occurred less than a month apart in the U.S. and Canada recently has refocused attention on the reckless practice of moving millions of gallons of crude oil at a time on a train through the continent’s communities.

The only sensible and safe position on crude-by-rail is clear. We need an immediate moratorium on crude-by-rail shipments in North America. This needs to stop now.

Based on the recent developments and disasters, we now know that nothing short of a moratorium on moving crude by rail in North America is required, until the safety of our communities and climate can be fully guaranteed.

The evidence that the practice is unsafe is undeniable. It’s hard to imagine a more terrifying proposition than one of these trains derailing and exploding in your community.  It is not a disaster waiting to happen, it has already happened over and over again.  That the regulator has still not acted is inexcusable.

Before we go into the details of what it would take to make it safe and why that will not happen without essentially banning the practice, let’s quickly examine what is at stake in terms of U.S. crude oil supply. This is important because it seems that the main reason the Obama Administration has failed to act is because it somehow considers the supply of crude oil enabled by crude-by-rail to be too important to effectively regulate.

This is unacceptable in and of itself, but when you see what’s really at stake regarding our community safety and climate crisis, the assumption appears to be beyond comprehension.

According to our estimates based on Association of American Railroads (AAR) data, about 850,000 barrels per day (bpd) of U.S. crude oil was loaded onto trains in the last quarter of 2014.  In addition, the Canadian National Energy Board reported that around 175,000 bpd of Canadian crude oil was exported by rail to the U.S. in the same period. For simplicity’s sake let’s call it one million bpd.

Meanwhile, the petroleum products consumed in the U.S. in the last quarter of 2014 averaged just less than 19.5 million bpd.  But 24 million bpd passed through the system as the U.S. exported an average of around 4.5 million bpd, including both crude oil and refined products.

In fact, while some pretty wild claims have been made about the current oil boom leading to “energy independence”, the U.S. still imported over 9 million bpd of crude oil and products in the same period.

So given the enormous amount of total petroleum passing through the U.S. system, what would be the impact of banning crude-by-rail immediately until we can work out whether it’s worth risking another disaster? The answer is not very much.

Crude-by-rail accounts for 4.1% of the total petroleum moving through the system (consumption plus exports) or 5.1% of total U.S. petroleum consumption.

What about U.S. oil production? That stood at 9.1 million bpd in Q4-14. The 850,000 bpd that went by rail is just 9.3% of that.

So over 90% of U.S. production traveled by means other than rail and there is in fact spare pipeline capacity in North Dakota and elsewhere. (See here for North Dakota government list of pipelines, refineries and rail facilities)

CBR---Total-Petroleum-Q4-14-Chart
Source: Oil Change International, U.S. Energy Information Administration, Association of American Railroads, Canada National Energy Board. … NOTE: Difference between Production plus Imports vs. Consumption is Refinery Gains and Natural Gas Liquids entering the refinery system.

Any way you cut it, crude-by-rail carries a very small percentage of the oil in our country, yet continues to pose an outsized risk to communities around the country. The build out of terminal capacity suggests that the practice could grow especially if the U.S. crude oil export ban is lifted. This would trigger a rush to move crude to the east and west coasts for export, threatening the communities along the way with much more frequent crude train traffic.

OCI_Box-CrudeTrains-Unsafe
CLICK TO ENLARGE

Are we really unable to ensure public safety because we’re worried that we may impact the transportation of 9% of U.S. oil production or 5% of our oil consumption?  Is government’s role really to weigh the probability of a major death toll against a fraction of energy supply or is it to protect the public? Aren’t our communities and our climate worth more than 1/20th of U.S. oil consumption?

Without crude-by-rail, the industry will have to produce only slightly less than it currently does, which is much more than it produced only a few years ago.  Is that really worth bomb trains endangering 25 million American every year?

The current effort to make crude-by-rail safer through increased regulations is in fact sadly misguided and inadequate. That crude-by-rail is inherently unsafe is painfully obvious.

That it cannot be addressed through looking at any single variable, such as tank car standards or the volatility of a particular crude oil grade, was made clear by a Department of Energy report released earlier this week.

That report aimed to look at whether Bakken crude oil is more volatile than other crude oil. It concluded that there was insufficient information about the crude oil in the Bakken to assess that at this stage. But in the press release the DOE made an important statement regarding the focus on any one particular cause of the terrifying crude-by-rail explosions that have so far occurred.

“The report confirms that while crude composition matters, no single chemical or physical variable — be it flash point, boiling point, ignition temperature, vapor pressure or the circumstances of an accident — has been proven to act as the sole variable to define the probability or severity of a combustion event. All variables matter.”

This goes to the heart of why crude-by-rail cannot be made safe.

It’s not Bakken crude, it’s all crude oil. It’s not the vapor pressure or boiling point of the crude; it’s the incredible weight of a 120-car train carrying 3.5 million gallons of crude oil and the pressure that exerts on rails making derailments more likely. It is the enormous kinetic energy that such a train exerts on tank cars during a derailment. It is the speed the trains travel and the inability of any tank car, including the more robust designs proposed in the draft rulemaking, to withstand the impact of a unit train full of oil derailing at anything near the slowest speeds that would maintain a viable rail freight system. (The tank car design proposed in the draft PHMSA rule has been shown to puncture at speeds of between 12 and 18 mph, while speed limits for crude oil trains are currently set at 40 mph. See pages 119-120 here.)

So there is a combination of things that could be done to prevent derailments and/or the occurrence of explosions and fire in a derailment; e.g. stronger tank cars, shorter trains, slower speeds, less gaseous crude among other things. But the rail and oil industries are fighting the tightest standards for any of these variables and so far it seems the Administration has not shown itself capable of fighting back.

Nearly two years has passed since 47 people were killed in Lac-Mégantic, Quebec by a crude oil train carrying Bakken oil. Since then at least ten fiery derailments have occurred among countless other less dramatic spills and incidents. The regulator has so far failed to propose an adequate suite of measures that would fully protect the public.

That the rail and oil industries are fighting any requirements that will increase their costs is standard practice; it will cost them money and the sociopathic nature of corporate behavior puts profits before the interests of society. But while the oil industry opposes stabilizing gassy crude oil, stronger tank cars and fast phase-outs for the existing stock of dangerous cars, the rail industry opposes better braking systems and stricter speed limits.

Together they make a strong team of opposition to the range of safety measures that might be effective. A safety regulator under fire from the combined power of two of the most notorious and well-resourced lobby machines in the history of the United States is unlikely to come up with a solution that prioritizes the public’s interest.

Beyond the urgent issue of the safety of hundreds of North American communities that live within a mile of the train tracks, some 25 million people in the U.S. alone, we urgently need to transition to a clean energy economy as fast as possible. The All of the Above energy policy that has brought us reckless crude-by-rail has been focused on pulling oil out of the ground as quickly as possible no matter the consequences, rather than transitioning us away from oil. That needs to change beginning with ending this dangerous practice.

For the sake of a mere 4% of total petroleum passing through the United States, we say stop the trains now, protect North America’s communities and build an energy system that protects the climate and our citizens from a reckless oil industry.

Go here for more on crude-by-rail