New oil train safety rules spell delay, leaving citizens at risk
By Jayni Hein, contributor, May 18, 2015, 10:00 am
Chicago, Philadelphia and Sacramento, Calif.: These are just a few of the cities within the “blast zones” of mile-long trains carrying flammable crude oil across the country. Twenty-five million Americans live in these vulnerable areas; yet it will be years until dangerous tank cars are retrofitted or retired from the rails, based on the U.S. Department of Transportation’s new safety standards.
The standards, released on May 1, cover railcars that carry the nation’s growing supply of volatile crude oil produced in the Bakken region of the northern United States and the Canadian tar sands. While the new rules mark incremental progress, they give residents little reason to rest easy. And more implementation delays could be coming — the American Petroleum Institute filed a petition in federal court on Monday challenging the new rules, and other legal challenges may be on the horizon.
When it comes to oil train derailments, it’s no longer a question of “if,” but “when.” Driven by growth in the production of oil in the U.S. and Canada, there has been a staggering increase in rail transportation of crude oil over the past five years, with a corresponding spike in the number of accidents — many causing explosions, oil spills and fatalities. The latest incident happened earlier this month, when a train carrying Bakken crude oil derailed and caught fire in central North Dakota, forcing the evacuation of a small town.
In 2008, only 9,500 tank car loads of crude were transported by rail in the United States. By 2013, that number rose to 400,000. In 2013, more oil spilled from U.S. trains than in the previous four decades combined. In addition to putting citizens directly at risk, these trains pass over important sources of drinking water — such as the Sacramento River in drought-stricken California — and share track with commuter rail in many urban areas, including Philadelphia.
The Department of Transportation initiated a rule-making last year to update railcar design standards, speed limits and routing requirements for trains carrying 20 carloads or more of flammable crude oil. The agency’s final rule maintains some of the positive aspects of its proposed rule: new electronically controlled pneumatic brake requirements, lower speed limits for older tank cars moving through “high-threat urban areas,” and new routing analysis requirements.
But, in other ways, the final rule represents a step backwards from the Department of Transportation’s initial proposal. And more fundamentally, the rule puts a Band-Aid on a chronic condition caused by booming fossil fuel production, ongoing reliance on oil and aging transportation infrastructure.
First, the final rule exempts many trains that would have been made safer under the initial proposal. Originally, any train carrying 20 or more cars with flammable oil or ethanol was defined as a “high-hazard flammable train” subject to these standards. The final rule applies only to trains carrying at least 35 tank cars of flammable oil or ethanol, or 20 cars of flammable liquid in a continuous block. This final definition, then, encompasses fewer trains.
Second, the rule suffers from a lengthy, five- to eight-year retrofit or phaseout of DOT-111 and CPC-1232 railcars that have been known to puncture upon derailment for many years. These are the same cars that were involved in the Lac Mégantic, Quebec tragedy in July 2013 that killed 47 people and in the five major accidents in 2015 (thus far) in West Virginia, Illinois, North Dakota and two locations in Ontario. The protracted phaseout means many additional years of dangerous tank cars sharing track with commuter rail, traveling through dense population centers, and crossing water bodies and other sensitive environmental habitats. The delay is especially striking, as National Transportation Safety Board reports dating back to 1991 detail the high failure and puncture rates of DOT-111 tank cars. However, the agency determined that a quicker phaseout of DOT-111 cars would cause negative effects by temporarily shifting oil transportation from rail to trucks, increasing hazardous air pollution and traffic-related fatalities.
Finally, while the rule imposes 40-mph speed limits for non-retrofitted trains traveling through “high threat urban areas,” only a few dozen cities around the nation have been so designated, leaving many towns, cities and drinking-water sources highly vulnerable.
In the next year, the Department of Transportation should prioritize additional measures, like increasing railcar and track inspections, lowering speed limits in additional urban areas, sharing risk reduction “best practices” among the railroads and potentially tightening design standards for retrofitted cars to align with the standards for new cars.
The department should also coordinate closely with the states to modernize communication systems, improve spill prevention and response planning, ensure that states are empowered to train and fund additional rail inspectors, and collaborate to identify high-priority infrastructure needs, such as bridge and track improvements.
Ideally, these safety improvements should be made as part of an “all of the above” strategy to reduce our reliance on fossil fuels while ensuring that domestic production and transportation are as safe as possible in the near-term. The new rail safety rules are a necessary first step on what looks to be a long, uncertain journey.
Hein is the policy director at the Institute for Policy Integrity, focusing on climate change, energy and transportation issues.
Groups Sue Obama Administration Over Weak Tank Car Standards
The new safety standards issued by the Department of Transportation take too long to get dangerous tank cars off the tracks and contain loopholes that leave too many vulnerable
May 14, 2015, Eddie Scher, ForestEthics, (415) 815-7027, eddie@forestethics.org
San Francisco – In the wake of a spate of fiery derailments and toxic spills involving trains hauling volatile crude oil, a coalition of conservation organizations and citizen groups are challenging the U.S. Department of Transportation’s (DOT) weak safety standards for oil trains. Less than a week after the DOT released its final tank car safety rule on May 1, a train carrying crude oil exploded outside of Heimdal, North Dakota. Under the current standards, the tank cars involved in the accident would not be retired from crude oil shipping or retrofitted for another 5 to 8 years.
Earthjustice has filed suit in the 9th Circuit challenging the rule on behalf of ForestEthics, Sierra Club, Waterkeeper Alliance, Washington Environmental Council, Friends of the Columbia Gorge, Spokane Riverkeeper, and the Center for Biological Diversity.
“The Department of Transportation’s weak oil train standard just blew up in its face on the plains of North Dakota last week,” said Patti Goldman, Earthjustice attorney. “Pleas from the public, reinforced by the National Transportation Safety Board, to stop hauling explosive crude in these tank cars have fallen on deaf ears, leaving people across the country vulnerable to catastrophic accidents.”
Rather than immediately banning the most dangerous tank cars — DOT-111s and CPC-1232s — that are now used every day to transport volatile Bakken and tar sands crude oil, the new standards call for a 10-year phase out. Even then the standard will allow smaller trains — up to 35 loaded tank cars in a train — to continue to use the unsafe tank cars.
The new rule fails to protect people and communities in several major ways:
• The rule leaves hazardous cars carrying volatile crude oil on the tracks for up to 10 years.
• The rule has gutted public notification requirements, leaving communities and emergency responders in the dark about the oil trains and explosive crude oil rumbling through their towns and cities.
• New cars will require thicker shells to reduce punctures and leaks, but retrofit cars are subject to a less protective standard.
• The standard doesn’t impose adequate speed limits to ensure that oil trains run at safe speeds. Speed limits have been set for “high threat urban areas,” but very few cities have received that designation.
“Explosive oil trains present real and imminent danger, and protecting the public and waterways requires an aggressive regulatory response,” said Marc Yaggi, Executive Director of Waterkeeper Alliance. “Instead, the Department of Transportation has finalized an inadequate rule that clearly was influenced by industry and will not prevent more explosions and fires in our communities. We hope our challenge will result in a rule that puts the safety of people and their waterways first.”
“We’re suing the administration because these rules won’t protect the 25 million Americans living in the oil train blast zone,” says Todd Paglia, ForestEthics Executive Director. “Let’s start with common sense – speed limits that are good for some cities are good for all communities, 10 years is too long to wait for improved tank cars, and emergency responders need to know where and when these dangerous trains are running by our homes and schools.”
The National Transportation Safety Board has repeatedly found that the DOT-111 tank cars are prone to puncture on impact, spilling oil and often triggering destructive fires and explosions. The Safety Board has made official recommendations to stop shipping crude oil in these hazardous tank cars, but the federal regulators have not heeded these pleas. Recent derailments and explosions have made clear that newer tank cars, known as CPC-1232s, are not significantly safer, and the Safety Board has called for a ban on shipping hazardous fuels in these cars as well.
The recent surge in U.S. and Canadian oil production, much of it from Bakken shale and Alberta tar sands, led to a more than 4,000 percent increase in crude oil shipped by rail from 2008 to 2013, primarily in trains with 100 to 120 oil cars that can be over 1.5 miles long. The result has been oil spills, destructive fires, and explosions when oil trains have derailed. More oil spilled in train accidents in 2013 than in the 38 years from 1975 to 2012 combined.
ForestEthics calculates that 25 million Americans live in the dangerous blast zone along the nation’s rail lines.
Train of thought: Citizens worry oil tankers traveling through Guadalupe to the Phillips 66 refinery could explode
By David Minsky, April 1, 2015
Residents worried that their town could become the scene of an oil tanker explosion voiced their concerns during a March 24 Guadalupe City Council meeting.
The Santa Maria Refinery property sits on the Nipomo Mesa, less than 5 miles away from Guadalupe, and that’s where owner Phillips 66 wants to build a rail spur to connect it to an existing Union Pacific Railroad line. Plans for a transfer station are in the works, too.
The project would change where the refinery gets oil and how the resource is delivered to the refinery, which currently receives most of its oil via pipeline from Northern Santa Barbara County. The rail spur could bring up to five 80-car trains per week carrying crude oil through downtown Guadalupe on the Union Pacific line. Union Pacific Railroad would be responsible for delivering the railcars, refinery spokesperson Jim Anderson said at the meeting.
On the table was whether or not the City Council would endorse a letter from 3rd District Santa Barbara County Supervisor Doreen Farr, who opposes the project. All sides—including representatives from Phillips 66, who encouraged the council to not take action on the letter in light of a yet-to-be completed environmental impact report; and the Mesa Refinery Watch Group, which opposes the project—made their cases before a packed house of politicians, residents, and journalists. The letter was secondary to the discussion, though. The real question that was debated: Is it safe to allow railcars of crude oil to pass through Guadalupe?
Citing more than 60 years of safe rail operations, Anderson said the extension is necessary for the refinery to maintain its present rate of crude oil processing. With Central Coast oil production in decline and a strong demand for fuel—only one of the many products refined from crude—in California, Anderson said the spur is needed.
“The only way to fill up and complete that 44,000-barrel-a-day rate is, rather than propose a marine terminal or a truck terminal with thousands of trucks on the highway, we felt that a rail terminal, which is sitting right next to the mainline railroad tracks, would be the best alternative,” Anderson said, adding that the trains would be similar to the ones that have rolled through Guadalupe in the last 10 years, but would be slightly longer.
At one point while Anderson was speaking, an audible train horn blared in the distance, prompting chuckles among the crowd.
The idea of oil trains wasn’t so funny to Laurance Shinderman, who spoke on behalf of the Mesa Refinery Watch Group, which formed to identify the negative impacts of the rail project. He noted the explosive potential of crude’s flashpoint—the temperature at which vapor forms and can ignite.
“The lower the flashpoint of the crude, the greater the risk,” Shinderman said, emphasizing that oil being shipped has a lower flashpoint. “I’m not a chemistry engineer, but I’ve done enough reading on this.”
He went on to cite several instances of tanker cars exploding or catching on fire, including the 2013 Lac-Megantic rail disaster in Quebec where multiple tankers carrying Bakken formation crude oil derailed and exploded, killing 47 people and destroying more than 30 buildings in a town roughly the size of Guadalupe.
Shinderman described the Phillips 66 proposal as “oil roulette.”
More people spoke against the spur after Shinderman, including Joyce Howerton, an aide who spoke on behalf of state Sen. Hannah-Beth Jackson (D-Santa Barbara). Amy Anderson, a Santa Maria resident and volunteer for the Santa Barbara County Action Network, briefly talked about empty oil tankers.
“An empty liquid petroleum gas tanker is actually even more explosive than a full one,” she said. “Once they start to explode, you can only hope the town’s been evacuated and there are no onlookers because the fragments from the exploding tankers will assault Guadalupe like shrapnel from a roadside bomb. That’s not an exaggeration.”
Neither minimizing nor enhancing the risk of danger, Guadalupe Police Chief Gary Hoving said his biggest concern is a lack of emergency resources to evacuate the city in the event of a tanker explosion. Citing a FEMA estimate, Hoving said a blast zone with shrapnel would be limited to about 1 1/4 miles. He recommended an evacuation zone of at least 7,000 feet.
“A derailment in the city of Guadalupe would necessitate an evacuation of the entire city,” Hoving said during the meeting. “The major concerns that I have are related solely to public safety … our lack of sufficient fire and police, especially for an initial response.”
The last train derailment in Guadalupe was in 2007, when several cars came off the track, including four that spilled cases of Corona beer.
Hoving also asked where the funding for additional resources would come from.
Phillips 66 spokesperson Anderson noted that his company is presently working with the governor’s office to place a fee on each barrel of oil that’s loaded and unloaded. The money collected would go into a state-level emergency services fund and provide money for increasing the capability of emergency response, he said.
The fate of the spur is still up in the air. At the end of the debate that Tuesday night, the city eventually voted 4-1 to not to take any action on endorsing Farr’s letter. Councilmember Ariston Julian dissented. Before the vote, Julian made a motion to endorse the letter, but it wasn’t seconded.
Julian expressed concern for the city’s water source and residents living immediately near the tracks—including the soon-to-be-built Pasadera housing development that broke ground on March 4—if an accident caused oil to spill or explode.
“In the unlikelihood that there is, we have a potential of losing people and also losing our water source,” Julian said.
Repost from New American Journal [Editor: This is a telling tale of local governance confronting – or not confronting – difficult issues, and serves as instructional material for others who take up local advocacy. Good graphics. – RS]
Tank Farm Harvest Plans in Mobile — Crude Oil Is the Crop — But What Gets Plowed Under?
By David Underhill, March 31, 2015
Tank farm city, with more scheduled: Glynn Wilson
MOBILE, Ala. – The tank farms became a hot potato, singeing any official who touched them.
Residents near sites for new or expanding tank farms fired complaints at the city’s planning commission, which readily tossed the heated hassle to the city council. A majority poised to pass a moratorium on construction of tank farms, until promoters of these projects maneuvered to whittle away that majority.
That spawned a citizens’ committee to study the issue and make recommendations to the planning commission, which appointed a subcommittee to receive these recommendations. That subcommittee is now juggling the spud before lobbing it back to the full planning commission, which will fling it again to the city council, which will … who knows.
Last week the subcommittee’s three members met to ponder. Joining them were the planning commission’s lawyer and head staffer. Although this happened in public it wasn’t a public meeting. Citizens could sit and listen but not participate.
The audience sorted themselves, as usual, into factions: the tank farm evangelists in one clump and the unbelievers in another. There were few, if any, neutral observers.
Discussion began with the easy issues: Does the city have satisfactory procedures for deciding whether and where to locate tanks holding hazardous materials? How should the public be informed about impending decisions on these matters? Should the concerns of nearby residents have a prominent role in the proceedings? Can noxious fumes be captured rather than released from tank farms? Must the operators of such facilities provide timely, accurate information to fire departments and other emergency services about dangerous substances on hand?
All agreed that any deficiencies in such issues could be fixed by adjustments to current practices.
Consensus By Garble
Then came the hard part. It was the same item that had flustered the citizens’ committee, which tried to achieve consensus about its recommendations — and largely succeeded — with one contentious exception.
Buffer zones: How broad a safety strip should separate tank farms from homes, schools, churches, hospitals, businesses? The wider the strip the less danger if something goes explosively wrong. But the wider the strip the less land remains for the tanks.
Most of the proposed new and expanding tank farms are squeezed between the waterfront and commercial or residential districts. Broad buffer zones would leave so little land for tanks along the shore that the planned facilities must shrink drastically, perhaps to the vanishing point.
This applies in the north Mobile neighborhood of Africatown, settled by the human cargo from the last slave ship to arrive in the U.S. The huge tank farm intended there would squat between the waterfront and a dense residential area.
Some on the citizens’ committee wanted a setback half a mile wide to protect Africatown. Others, more attuned to industry’s wishes, wanted a lot less.
This conflict strained the quest for consensus and garbled the passages about buffer zones in the committee’s final report. Now the same wrangle vexes the planning commission’s subcommittee and it too has found no easy solution, as the discussion at last week’s meeting revealed.
Consensus By Punting
Nobody on the subcommittee wanted to specify a number for the width of buffer zones. They said projects would differ by location and each should be considered on its own merits. Maybe, they suggested, a minimum width could be required with an option for wider setbacks where warranted by circumstances.
But they shied from saying what that minimum should be. Instead they instructed the staff to produce maps showing the sectors of the city zoned for heavy industry — where tank farms might locate — with surrounding buffers in 500 foot increments. These maps will illustrate where the desires of tank farm developers collide with people living and working within 500, 1,000 or 1,500 feet (and maybe more increments).
And the subcommittee speculated about stretching the buffers with words. Must the setback be measured from the boundary of a tank farm site to the boundary of a nearby residential zone? Or might it be measured from the porch of the nearest inhabited home to the position of the tanks within the site. Then the necessary buffer could be created by moving the tanks to the farthest part of the site and putting offices and other support facilities in the part closest to residences.
The maps will not say what the width of a buffer ought to be or where it should be measured from. The subcommittee will have to decide this and they are not ready to do so. They will meet again next month to study the maps. And they instructed their attorney to draft a prospective report to the full planning commission about any changes their deliberations may require in the city’s zoning or other regulations.
Consensus By Omission
This was a deft juggling of the hot potato. But the subcommittee didn’t dare to even touch the truly searing produce.
They recognized that approving tank farms implies approving the transport of substances to fill those tanks. In Mobile that means trains pulling long, hazardous chains of tanker cars brimming with crude oil. Subcommittee members remarked upon fiery accidents elsewhere by such trains (opponents call them bomb trains and the neighborhoods along their routes blast zones) and fretted about repeats here. But the subcommittee pleaded impotence. They said railroads are regulated by others, who have the responsibility to oversee safety.
But the trains wouldn’t be coming to town without tank farms to receive their cargoes. And the subcommittee, as a branch of the planning commission, does have a say in whether these tank farms exist. Yet the members were hesitant about linking tank farm decisions to dangers from trains.
They have the legal authority to attend to the health and safety of the people. But they acted like their main responsibility is fostering economic development. And they said repeatedly, in various phrasings, that expanding waterfront tank farms equals economic development.
To them, anybody prepared to invest any big wad of money in anything is welcome. They didn’t consider (not out loud, at least) the elementary idea that devoting the waterfront to tank farms prevents other uses of the shoreline that might be more desirable development.
While subcommittee members did note risks from tank farms, they said repeatedly that a balance must be found between economic development and public safety. This might be a valid approach if the benefits and hazards of tank farms were spread evenly across the city. But they are not. The hazards are highly concentrated in certain neighborhoods, and the benefits go mainly to investors elsewhere collecting profits. This is an inherent imbalance.
And if the benefits and hazards were distributed evenly across the community that still doesn’t assure a balance between development and safety. Weighing such a balance assumes that pluses and minuses can be calculated like a mathematical formula and a solution found. But what if circumstances make this impossible? Then the choice isn’t to have both development and safety — it’s one or the other.
Massively deadly chemical (Bhopal, India) and nuclear (Chernobyl, Ukraine; Fukushima, Japan) accidents left ruins surrounded by evacuated wastelands. Nothing comparable has happened yet with petroleum but a couple years ago in Canada an oil tanker train derailed and burned the center of a town (Lac-Megantic, Quebec) to cinders. Scores of residents died. The plans being made for oil storage and transport in Mobile contain the potential for similar or worse disasters. How could that balance development and safety?
The subcommittee made no attempt to balance economic development against the greatest environmental hazard. It was simply ignored. The city already has a throng of large petrochemical storage tanks and the planned expansions would add dozens. Most of these are near the waterfront just a few feet above sea level. The battering waves of a major hurricane could come ashore on a storm surge 20-30 feet deep. And they would bring chunks of debris serving as piercing projectiles.
Loose the contents from just a few of these tanks and the Exxon Valdez and BP’s offshore oil well become footnotes. The story history books will tell is the fate of Mobile’s river and bay.
Is such a catastrophe unlikely? Yes. Is it possible? Yes. Planners need to take this into account. The subcommittee didn’t address it in the slightest.
An Offer They Can’t Refuse?
Another awkward topic ignored was the temptation to evict. Although the subcommittee spoke openly about fashioning buffers by backing dangerous tanks away from the boundaries of industrial zones abutting residential ones, they did not mention the obvious prospect of doing the opposite.
This discussion pertained specifically to Africatown, where a giant tank farm wants to arise across the street from homes. Creating a broad buffer there by pushing the tanks back from the street and toward the water might leave so little land available for tanks that the project dies.
But if the houses are removed then the buffer would be created on the other side of the street, and the tanks could fill the whole industrial tract as originally designed. While the residents might be defiant about clinging to their ancestral homes, what happens when they begin receiving pressure to leave plus attractive prices for selling out?
This would amount to eviction, achieved by financial means. Or legal means might be used. A state’s power of eminent domain has been expanding. Previously the government could compel the sale of private property only for plainly public uses, like highways and parks. Lately private developments like shopping centers and pipelines have been declared public enough for the land they need to be seized under eminent domain. Why couldn’t that reasoning apply to homes located where a tank farm needs a buffer zone?
My Brother’s Keeper?
The tanker trains arriving in Mobile come on the Canadian National railroad from the tar sands mining moonscape of Alberta province. But extensive tar sands strata underlie north Alabama. Prospectors are taking technical and regulatory steps toward extracting these deposits.
Activists in Mobile assume the motive behind much of the urge for expanding tank farms is to hold tar sands coming by train from upstate for transfer into ships. In that case, local officials who allow tank farm expansion are also allowing large swaths of the mining region to be gouged and polluted — because those tar sands won’t be mined unless the output can get to market by boat.
If the planning commission’s subcommittee cared about this they should have said so. They didn’t. Their decisions will influence whether north Alabama becomes a replica of wrecked Alberta. But they behaved like they care about nothing except the benefits or detriments inside the Mobile city limits.
In this loudly Christian area their attitude was: Hell, no! I’m not my brother’s keeper. Eff them. I’m looking out for me.
This myopia is especially astonishing in a port that will drown when the oceans rise. Continuing to dump annual megatons of greenhouse gasses into the air by burning fossil fuels will melt the polar ice and flood every seafront.
Even if all the tank farms anticipated here are built, Mobile’s contribution to this tonnage will be trivial. Every separate place’s will be trivial.
Just as during World War II in the U.S. everybody with a yard was expected to have a Victory Garden, and nobody’s individual Victory Garden won the war. Perhaps not even all the Victory Gardens together freed enough cropland to feed the soldiers. But these gardens displayed purpose and resolve. That’s what Mobile’s refusal to host more fossil fuel tanks would do.
Yet the subcommittee acted like they don’t care to be even their own port city’s keeper. In Florida, at least, officials have an excuse for such behavior. The governor has ordered them to delete from their vocabularies all such terms as global warming, climate change, melting icecaps, rising seas.
In Mobile officials do this voluntarily. Perhaps their silence springs from fear of political retribution if they acknowledge that those global trends result from fossil foolishness. But even if these officials stand among the dwindling corps who sincerely deny the obvious, they still ought to address it.
This has become a subject that no longer submits to silence. Too many people have become too anxious about it for deniers in authority to merely ignore it. They need to address it, if only to swat it aside. But the subcommittee said nothing.
When this issue reaches the full planning commission, they also will be tempted to maintain a politically safe silence. Then the city council.
To avoid singeing their fingers on the hot potato, they will let the planet continue to cook.
Imagine the reaction if they said instead that they will not permit the expansion of tank farms on the Mobile waterfront. And challenged all other port cities to do the same.
It would be a revolutionary act. Also sane and healthy.
Chicago, Philadelphia and Sacramento, Calif.: These are just a few of the cities within the “blast zones” of mile-long trains carrying flammable crude oil across the country. Twenty-five million Americans live in these vulnerable areas; yet it will be years until dangerous tank cars are retrofitted or retired from the rails, based on the U.S. Department of Transportation’s new safety standards.
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