Tag Archives: Canadian Pacific (CP)

Wisconsin train derailment: All but 1 auto rack back on tracks

Repost from The Indian Republic

Wisconsin train derailment: All but 1 auto rack back on tracks

Divit Nehru | Wednesday, November 18, 2015
BNSF freight train
Wisconsin train derailment spilled thousands of gallons of ethanol

Twenty five cars derailed, including empty auto racks and tanker cars of denatured alcohol, more commonly known as ethanol. The company said four tank cars each released up to 500 gallons of ethanol, and a fifth vehicle released about 18,000 gallons.

The derailment resulted in 13 tanker cars being knocked off the tracks and spilling oil.

A 13-car Canadian Pacific train crashed on Sunday, resulting in one tank vehicle spilling Bakken crude oil near the Wisconsin town, according to the agency.

Three of the cars have been placed onto a temporary track, with nine more to go.

With the number of trains now traveling through Minnesota and Wisconsin, there are plenty of disaster officials who think it’s a major accident waiting to happen.

Fire Chief Paul Stephans said his department regularly trains to handle the side effects of derailments.

The Federal Railroad Administration is focusing on mechanical and track cause as the reason for derailment.

However, the Federal Railroad Administration and the Pipeline and Hazardous Materials Safety Administration did agree with the tribes on one issue: the rule’s effective abandonment of a requirement that railroads hauling large quantities of crude oil notify state emergency officials.

Canadian Pacific tells WKOW that there was a train derailment in Wisconsin Wednesday around 1 p.m. Five freight cars went off of the track at a rail yard near Watertown. On Monday afternoon, new track was installed to replace the damaged track. Six BNSF Railway cars loaded with crude oil derailed in March near Galena, Ill., with two of the cars bursting into flames.

CP said in its statement that it had reserved hotel rooms for all affected families. The spill was contained and the oil did not reach any waterways, he said.

With the Wisconsin accidents, at least 26 oil trains and 11 ethanol trains have been involved in major fires, derailments or spills during the past decade in the USA and Canada, according to an Associated Press tally from data kept by transportation agencies and safety investigators. BNSF expects the tracks to return to service Monday morning.

N.D. hires BNSF manager as inspector for state rail safety program

Repost from the Billings Gazette

N.D. hires BNSF manager as inspector for state rail safety program

By Mike Nowatzki, Forum News Service, August 10, 2015
Train derailment
Oil tank cars not damaged in a train derailment near Culbertson are removed from the area on July 17, 2015. Amy Dalrymple/Forum News Service

BISMARCK, N.D. – A manager for the railroad involved in two fiery oil train derailments in North Dakota during the past two years has been hired as the first track inspector for a new state-run rail safety program.

Karl Carson will go to work for the state Public Service Commission on Aug. 17, doing inspections to identify problems with track and worker safety.

A Minot native, Carson is a division engineer with BNSF Railway. He’s worked for the railroad since 1992, holding several positions including assistant director of maintenance production, in which he supervised maintenance and replacement of track and track components, according to the PSC. He’s worked in management for BNSF since 2004.

Commission chairwoman Julie Fedorchak said the PSC wanted an inspector with experience, and with only two major railroads operating in the state – BNSF and Canadian Pacific – hiring someone with connections to one of them was “just an unavoidable situation.”

She said she asked Carson during his interview “if he would have a hard time regulating his old friends, and he said, ‘Absolutely not.’”

“His experience helps him to understand where the strengths and the weaknesses are and will really help him engage directly with the railroad,” she said. “They know his experience and they know he knows what he’s talking about.”

North Dakota is the 31st state to partner with the Federal Railroad Administration on a state rail safety program. The FRA has primary responsibility for rail safety in every state.

The PSC began looking seriously at the need for a state program after the December 2013 derailment of a BNSF oil tanker train near Casselton, which caused a massive fireball and voluntary evacuation of the city. Six cars from a BNSF oil train derailed May 6 near Heimdal in east-central North Dakota. No one was hurt in either incident.

Carson’s new position is one of two approved by state lawmakers in April when they voted to spend $523,345 on the state rail safety program in 2015-17, with the intent of continuing the pilot program in 2017-19.

“We’re quite pleased with the caliber of the first inspector,” Fedorchak said. “He’s got more rail experience than I had hoped for, and I think in talking with other states, that was the key ingredient they emphasized.”

State Sen. Tyler Axness, D-Fargo, who first publicly suggested a state-run rail safety program in July 2014 during his unsuccessful campaign for the PSC, said he doesn’t necessarily disagree with Fedorchak that the pool of qualified applicants for the inspector job is probably limited in North Dakota, and he declined to make any judgments about the hire without seeing the pool of applicants.

But Axness and Wayde Schafer, conservation organizer for the Dacotah Chapter of the Sierra Club, both said it seems like the state has a pattern of hiring regulators with close ties to the industries they will oversee. Schafer said on such a contentious issue as rail safety, “it seems like they would want to hire somebody who was a little bit more neutral.”

“You’d think something this controversial, even the appearance of impropriety should be avoided whenever possible,” he said.

Don Morrison, executive director of the Dakota Resource Council, drew a comparison to the hiring of Lynn Helms, a former employee of Texaco and what is now Hess Corp. who now regulates and promotes the state’s oil and gas industry as director of the state Department of Mineral Resources.

“It certainly looks like business as usual, which is give the industry what they want,” he said. “Time will tell.”

Fedorchak said the PSC had 18 applicants for the job and interviewed the top five, with second interviews for the two finalists. She noted Carson was the “strong favorite” among the FRA inspectors on the interview panel.

Carson earned a certificate of completion in auto mechanics from Bismarck State College in 1990 and also served in the North Dakota Army National Guard from 1990 to 1994. He couldn’t immediately be reached for comment.

His annual salary with the PSC will be $90,000.

Major oil train risk: bridge infrastructure – who will be the next Quebec?

Repost from FOX6Now, Milwaukee WI

“This needs to be fixed:” FOX6 finds a new “risk on the rails,” could Milwaukee be the next Quebec?

By Brad Hicks, May 12, 2015, 10:00pm


MILWAUKEE (WITI) — Last year, the FOX6 Investigators were the first to expose a new risk on the rails — a steady stream of long oil trains trekking across the state from North Dakota. The crude oil they carry from what’s called “The Bakken” is highly explosive. Since then, there has been growing public concern about these so-called “bomb trains” in Wisconsin. Now, there’s a new concern, in a neighborhood in Milwaukee.

When the mile-long oil trains lumber by Milwaukee’s Fifth Ward lofts, the cars come roller-coaster close to a renovated building. A sliver of light between brick and steel.

Fifth Ward railroad

From his fifth floor window, Brian Chiu has a front row seat.

“It’s so loud,” Chiu said.

But it’s not the noise that concerns him. The fear is five floors down.

Fracking technology has opened an oil spigot in North Dakota.

“It’s increased the amount of traffic on the railroads exponentially,” Wisconsin Railroad Commissioner Jeff Plale said.

The railroad traffic has increased by several thousand percent.

Bakken crude oil has a very high vapor pressure, meaning it can easily explode. And the tank cars carrying it?

“(They) were not designed to haul crude. A lot of them were designed to haul corn syrup,” Plale said.

When these trains have derailed, the cracker-thin tank cars have ruptured, with disastrous results. By far the worst incident occurred in Lac Megantic, Quebec. Forty-seven people were killed in the fireball.

Quebec train derailment

Three times this year, trains carrying crude have derailed in the United States. Last week in North Dakota, the sky turned gray with smoke.

In March, a train derailed across the border in Galena, Illinois. The wreckage burned for four days.

A week before that, a train derailed in West Virginia. Hundreds had to evacuate.

The train that derailed in North Dakota was headed toward Wisconsin. Two trains before that had just been here.

“We’re kind of at the epicenter of where this stuff is coming,” Plale said.

That brings us back to Brian Chiu and his Fifth Ward home — and those oil trains just feet from the Fifth Ward lofts, going over the S. 1st Street bridge.

FOX6 first photographed the concern in February — but it wasn’t until the snow and ice melted that we saw the full extent. “I beams” that support the bridge have rusted away at the base to wafer-thin strips of steel. In some spots, entire sections are just gone.

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Chris Raebel, an engineer at Milwaukee School of Engineering (MSOE) agreed to take a look at what the FOX6 Investigators found.

“My focus is on steel design — just like the bridge,” Raebel said.

Unlike most railroad bridges, which have elevated foundations, the piers on this century-old span reach right to the road — where every winter, salt eats away at the steel.

“That’s hit the base of the bridge and that`s corroding the metal,” Raebel said.

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In the past, some of the rusted piers supporting the bridge have been reinforced, but several columns have been corroded right through.

“At some point this needs to be fixed. This is not acceptable,” Raebel said.

FOX6 News received similar comments from other structural and civil engineers who saw the photos, but they didn’t want to be identified because they may do business with the railroads. They said things like:

“The level of rust and deterioration is a serious structural problem. They should be contacted immediately.”

And: “I would definitely report these conditions to the owner of this bridge without further delay.”

Canadian Pacific Railroad should already be aware. Canadian Pacific owns the bridge and is required to inspect it each year. In a written reply to a FOX6 request for those records, the company said it “meets or exceeds all federal requirements,” and that the bridge was last inspected in the winter. Canadian Pacific wouldn’t tell us exactly when that was — and whether there was snow on the ground. Canadian Pacific refused to show FOX6 News any of the inspection reports.

FOX6 asked them again earlier this months at a Common Council meeting in Milwaukee.

“We`ve given you a statement on that and we won`t have anything to add,” a Canadian Pacific representative said.

Canadian Pacific had been invited to Milwaukee to answer questions about the oil trains. Canadian Pacific’s brash brush off didn’t sit well with some Common Council members.

“You don`t give that image to the community that your facilities are safe. You don`t give us that confidence,” Milwaukee Alderman Terry Witkowski said.

Ken Wood knows what these inspections entail.

“I’m a structural engineer. My main focus is bridges. I`ve been working with bridges for 20 years — bridge design, bridge inspection, bridge rehabilitation,” Wood said. “You`re going to be looking for fatigue cracks, and the other thing you`d look for is corrosion, certainly, on a bridge — because corrosion is basically taking away the cross section.”

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If you look at the base of the “I beams” on the bridge in the Fifth Ward, you’ll see layers and layers of flaking — in some places, more than an inch thick. That doesn’t happen quickly.

“It`s been some time, that`s for sure,” Wood said. “What happens during corrosion is the steel expands, sometimes seven to eight times what it is, so you can see that actually happening in the base here,” Wood said.

FOX6’s Brad Hicks: “How do you even inspect this with that much flaking on there without removing the flaking?”

“They would have to remove flaking to see what`s underneath and take some measurements with calipers to find out how much area they perceive is left,” Raebel said.

So that’s what the FOX6 Investigators did.

The beam is nine-tenths of an inch thick, but at the base, only four-tenths of an inch is left. The column is just over an inch thick. Corrosion has eaten it down to less than half that.

FOX6’s Brad Hicks: “The kind of thinning we`re seeing here, does that impact the load capacity of a bridge like this?”

“Yes,” Raebel said. “They have a certain amount of steel they need to resist the load from above.”

And that load is greater than ever.

Engines alone weigh three times what they did when the bridge was built in 1914. And a one-mile train weighs more than 25 million pounds.

“Now a two-mile long train is relatively common,” Plale said.

And with trains like that moving over the bridge daily — metal fatigue adds up.

“Is the bridge really built, with all that rust and all that corrosion, to support that kind of weight?” Chiu wonders.

Officials in the state of Wisconsin had the same question. In 2006, a study was commissioned on the impact heavier trains have on state-owned railroad bridges. That study concluded “many within the railroad industry are concerned that the aging bridge infrastructure will no longer be able to withstand the increased loadings.”

One bridge engineer who examined FOX6’s pictures said the problem may not be that bad, because in theory, you could cut a vertical pier in two horizontally, and it would still hold up the bridge. But that’s assuming you still have inch-thick “I beams” — not corroded columns.

The concern here isn’t that the bridge will completely collapse — but that if a column gives way and the load shifts and the train tips — with the Fifth Ward lofts just feet away, could Milwaukee become another Quebec?

“I would encourage the owner of the bridge to seriously look at this and consider repairs. And it seems like it should be done soon,” Raebel said.

To their credit, the railroads, including Canadian Pacific, have been at the forefront — pushing the federal government for stricter tank car standards. The railroads don’t actually own the tank cars — the oil companies and third-party leasers do.

Eleven days ago, the federal government announced new cars need to be thicker, and the old ones need to be retrofitted within five years.

The federal government is the only entity that can demand the railroad turn over its inspection reports on the bridge. For two months, FOX6 News repeatedly asked the Federal Railroad Administration if it has any of Canadian Pacific’s inspection audits for the S. 1st Street bridge. The agency hasn’t responded.

Local municipalities like Milwaukee are pretty powerless when it comes to regulating the railroads.

On Tuesday, May 12th, the Milwaukee Common Council approved a resolution urging federal regulators to immediately inspect all tracks, bridges and crossings on which Bakken crude oil is carried — but at the end of the day, that’s simply a request.

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Oil industry lawsuit against BNSF: a look behind the scenes

Repost from DeSmogBlog

Purposeful Distraction? Unpacking the Oil Refiners’ “Bomb Trains” Lawsuit vs. Warren Buffett’s BNSF

By Steve Horn, Tue, 2015-03-24 15:58

On March 13, American Fuel & Petrochemical Manufacturers (AFPM) — the oil refiners’ trade association — sued oil-by-rail carrying giant Burlington Northern Santa Fe (BNSF) for allegedly violating its common carrier obligation under federal law. A DeSmogBlog investigation has revealed there may be more to the lawsuit than initially meets the eye.

Filed in the U.S. District Court for the Southern District of Texas, Houston Division, AFPM sued BNSF “for violating its common carrier obligation by imposing a financial penalty” for those carrying oil obtained via hydraulic fracturing (“fracking”) in North Dakota’s Bakken Shale basin and other hazardous petroleum products in explosion-prone DOT-111 rail cars.

AFPM‘s beef centers around the fact that BNSF began imposing a $1,000 surcharge for companies carrying explosive Bakken fracked oil in DOT-111 cars, as opposed to “safer” CPC-1232 cars, at the beginning of 2015.

The Warren Buffett-owned BNSF did so, argues AFPM, illegally and without the authority of the federal government.

“This $1,000 surcharge on certain PHMSA-authorized rail cars breaches BNSF’s common carrier duty to ship hazardous materials under the auspices of PHMSA’s comprehensive regime governing hazardous materials transportation,” wrote AFPM‘s legal team, featuring a crew of Hogan Lovells attorneys. “Allowing railroads to penalize companies that ship crude oil in federally-authorized rail cars would circumvent PHMSA’s statutory and regulatory process for setting rail car standards for hazardous materials shipments.”

Upon a quick glance, it seems like a fairly straight-forward case of federal law and an intriguing example of an intra-industry dispute. But as recent history has proven, the devil is in the details.

BNSF Surcharge Not Unique

Though unmentioned in AFPM‘s lawsuit, BNSF is not the only oil-by-rail “bomb trains” company promulgating a surcharge.

In February 2014, eight months before BNSF announced its surcharge, Canadian Pacific Railway Ltd. (CP Rail) and Canadian National Railway Company both announced their own DOT-111 surcharge intentions.

CP Rail will add a $325 ‘general service tank car safety surcharge’ on each car of crude that is shipped in any container other than the CPC 1232 model, effective March 14, it said in a notice issued to customers,” Reuters reported. “The new tiered pricing scheme comes the same week that Canadian National Railway Co also confirmed it was increasing rates for the older variety of DOT-111 tank cars.”

In its lawsuit, AFPM disapprovingly cited minutes from a March 19 meeting held between BNSF higher-ups and U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA) higher-ups in which a BNSF told PHMSA that “there needs to be [a] disincentive to use DOT 111.”

Those minutes were included as an exhibit to the complaint.

Yet in the Reuters article, CP Rail spokesman Ed Greenberg stated that his company had the same goal as BNSF: to “encourage shippers to work towards an upgraded tank car standard for crude by rail shipments.”

AFPM Lobbies vs. Regs, Funds Denial

As first reported here on DeSmogBlog, AFPM has attended meetings with the Obama White House’s Office of Information and Regulatory Affairs (OIRA), which serves as an industry-friendly mediator between industry and executive-level regulatory agencies like PHMSA. BNSF top-level lobbyists, executives and attorneys have also had a seat at the table at those myriad meetings.

PHMSA is expected to publish a final version of updated oil-by-rail regulations in May, after announcing a delay in JanuaryAFPM also submitted comments in opposition to PHMSA‘s draft rules in September 2014, arguing it’s an issue of train tracks and people, not the rail cars themselves.   

While AFPM supports appropriate and effective mitigation, several of PHMSA’s proposed measures fail to take meaningful steps toward preventing derailments, risk significantly reducing crude rail capacity, and cost billions of dollars,” wrote AFPM. “AFPM respectfully submits that any effort to enhance rail safety must begin with addressing the primary root causes of derailments and other accidents: (1) track integrity and (2) human factors.”

Beyond advocating against oil-by-rail regulations, AFPM also funded a May 2014 study concluding that Bakken crude oil is no more chemically volatile than any other oil.

“Bakken crude oil was found to be well within the limits for what is acceptable for transportation as a flammable liquid,” the report concludes. “This survey shows that Bakken crude oil does not pose risks that are significantly different than other crude oils and other flammable liquids authorized for transportation as flammable liquids.”

BNSF Responds — Sort Of

Five days after AFPM filed its lawsuit, BNSF responded in the form of a press release. Well, kind of.

BNSF continues to review the complaint…challenging [its] recent implementation of rate discounts for crude shippers that load their product in rail cars with improved safety characteristics,” stated the company.

“This rate structure is also consistent with BNSF‘s ongoing efforts to ensure the safe transport of crude on our network, including voluntary adoption of enhanced operating practices around crude oil shipments and requesting the federal government to make newer, safer tank cars the new standard for crude-by-rail shipments, replacing the older DOT-111 and non-modified CPC-1232 cars.”

Purposeful Distraction?

So, what gives? Why a lawsuit against BNSF by AFPM and not against CN Rail nor CP Rail? No clear answers exist and AFPM did not respond to a request for comment sent by DeSmogBlog.  

Despite the murkiness at play, some answers do exist.

Firstly, CPC-1232 tanks cars — the centerpiece of the lawsuit — have proven no “safer” than DOT-111 tank cars to begin with. And secondly, the lobbying and advocacy track records of both BNSF and AFPM demonstrate they both prefer the status quo over robust regulations, which would hurt their corporate bottom lines.

Purposeful or not then, at the end of the day, the lawsuit still serves as a distraction for the central issues in the oil-by-rail debate as the May deadline nears for PHMSA to publish its final regulations.

Image Credit: Cartoonresource | Shutterstock