Tag Archives: Crude by Rail

California Crude Trains: How Much Oil Is Actually Coming In and Where Is It Coming From?

Repost from North American Shale Blog
[Editor: Notwithstanding the disparaging remarks about crude-by-rail opponents and politics in California, this is an interesting report by a pro-industry analyst.  – RS]

California Crude Trains: How Much Oil Is Actually Coming In and Where Is It Coming From?

California has become ground zero for legal opposition to crude-by-rail projects. Opponents decry derailments, toxic vapors, and other ills.[i]  Yet despite the dire images painted by crude-by-rail’s opponents, the reality on the ground in California has been quite mundane thus far. The high-water mark to date for California railborne crude supplies was approximately 39 thousand barrels of oil per day (kbd) in December 2013 (Exhibit 1).

To put this number in perspective, California refineries typically process an average of around 1.7 million barrels per day of crude – meaning that at the crude-by-rail peak, only about one barrel in 50 of the state’s crude supply came in by rail.[ii]  Presently, the number is closer to one barrel in 100 – certainly not the overwhelming flood of trains opponents fear. And to that point, even supplying one-quarter of California’s total crude oil needs would only require about six to seven crude oil unit trains per day. To put this in context, the Colton Crossing east of Los Angeles by itself can see more than 100 freight trains per day.[iii]

Exhibit 1: California Crude by Rail Sources

exhibit 1
Source: California Energy Commission, Alberta Office of Statistics and Information

Where California’s Railborne Oil Imports Come From

For much of the past six years, light, low-sulfur Bakken crude and heavier, higher-sulfur Western Canadian Select (“WCS”) dominated rail imports into California. Canadian supplies show a clear correlation with how cheap WCS is relative to Maya, a heavy crude oil from Mexico that is shipped by tanker and offers a proxy for what heavy, sour, waterborne crude oil imports into California will cost. The spread between WCS and Maya prices matters because it only makes sense for refiners to purchase WCS barrels if they are sufficiently discounted that the buyer still comes out ahead after adjusting for rail transport costs, which can amount to approximately $20/barrel for manifest trains and $15/barrel for oil moved on unit trains.[iv]

For reference, “manifest trains” are mixed cargo trains where a 100-car freight train might include 20 or 30 tanker cars carrying oil. Unit trains, on the other hand, carry only one type of freight, meaning that all 100 to 120 cars carry crude oil. This maximizes economies of scale and significantly reduces transportation costs. Shipments of Canadian crude oil into California traditionally rode on manifest trains, but in November 2014, Union Pacific brought its first unit train of crude oil from Western Canada into California, to a terminal near Bakersfield.[v] The route is currently dormant as WCS crude’s discount to Maya was less than $10 per barrel in January 2015, according to official price data, making it uneconomical to import the Canadian oil by rail.[vi] Unit trains’ lower costs relative to the previously used manifest trains will likely have oil trains rolling from Alberta to California once again if the WCS discount widens to around $15 per barrel.

California has also seen increased supplies of light, low-sulfur crude oil from New Mexico in recent months. The most likely explanation for this is that continued strong oil production in Texas, New Mexico, and the Midcontinent are inundating the Gulf Coast with light, sweet barrels. Indeed, this author’s models using official Energy Information Administration data strongly suggest that Gulf Coast refineries have hit a physical “wall” where they are not able to sustainably use more than 65 percent domestic crude oil to supply their plants, because facilities designed for heavier, higher-sulfur oils cannot run at maximal efficiency with light, low-sulfur crude feedstocks.[vii] This crowded market reduces the potential realized value of crude to certain Permian Basin producers and makes California attractive as a clearing destination because crude can be railed from the Permian Basin to California for as little as $7-8/bbl, according to Tesoro.[viii]

What the Future May Hold

The bottom line is that California’s existing crude-by-rail terminal capacity is massively underutilized at present. The state’s two largest facilities alone – Kinder Morgan’s terminal at Richmond and new terminal near Bakersfield – can offload more than 140 kbd at full capacity. In comparison, crude-by-rail import volumes were less than 20 kbd in December 2014, the last month for which data are available (Exhibit 2). 

Exhibit 2: California Crude by Rail Capacity vs. Actual Import Volumes

exhibit 2
Source: California Energy Commission, Company Reports

Current terminal capacity is sufficient for approximately two unit trains per day of crude – 140 to 150 kbd – to enter the state. California’s fickle politics make forecasting crude-by-rail volumes a tough exercise. That said, this author believes that if oil prices recover to at least $75/bbl, California’s railborne crude imports will likely exceed 200 kbd by early 2016. Under those conditions, existing terminals would increase their capacity utilization and larger price differentials would attract additional Canadian heavy crude, as well as Bakken and other light, sweet grades from the Rocky Mountain states and the Permian.


[i] “GROUPS SUE TO STOP DAILY 100-CAR TRAIN DELIVERIES OF TOXIC CRUDE OIL TO BAKERSFIELD TERMINAL,” Earthjustice, January 29, 2015, http://earthjustice.org/news/press/2015/groups-sue-to-stop-daily-100-car-train-deliveries-of-toxic-crude-oil-to-bakersfield-terminal; See also Alexander Obrecht, “Environmental Groups Ramp Up the Crude-by-Rail Fight in the Courtroom,” BakerHostetler North America Shale Blog, October 6, 2014, http://www.northamericashaleblog.com/2014/10/06/environmental-groups-ramp-up-the-crude-by-rail-fight-in-the-courtroom/
[ii] “FACTBOX – California crude sources and oil-by-rail projects,” Reuters, July 21, 2014, http://af.reuters.com/article/energyOilNews/idAFL2N0PM26S20140721
[iii] “Colton Flyover Supports L.A.-Area Business,” Union Pacific Railroad, September 5, 2013, http://www.uprr.com/newsinfo/community_ties/2013/september/0905_colton.shtml
[iv]Yadullah Hussein, “Oil-by-rail economics suffers amid narrowing spreads,” Financial Post, February 9, 2015, http://business.financialpost.com/2015/02/09/oil-by-rail-economics-suffers-amid-narrowing-spreads/?__lsa=c711-5acd
[v] Bruce Kelly, “UP begins Canada-to-California CBR service,” Railway Age, November 25, 2014, http://www.railwayage.com/index.php/tag/CBR/feed.html
[vi] “Heavy Crude Oil Reference Prices, Monthly,” Alberta Office of Statistics and Information, https://osi.alberta.ca/osi-content/Pages/OfficialStatistic.aspx?ipid=941 (last accessed March 18, 2015)
[vii] Detailed explanation of models available; please contact author at gcollins @ bakerlaw.com.
[viii] Company investor presentation, September 2014, “Rail Costs to Clear Bakken,” slide 11, http://phx.corporate-ir.net/phoenix.zhtml?c=79122&p=irol-presentations

‘Get them off rails now,’ Four US Senators say of some oil tank cars

Repost from McClatchy News
[Editor:  Thank you to co-sponsors of Sen. Cantwell’s bill: Senators Patty Murray of Washington, Tammy Baldwin of Wisconsin and Dianne Feinstein of California, all Democrats.  See also: the Cantwell press release (including a video), and the text of the legislation.  – RS]

‘Get them off rails now,’ Sen. Cantwell says of some oil tank cars

By Curtis Tate, March 25, 2015
US NEWS RAILSAFETY 3 MCT
A DOT-111A tank car rolls past the Amtrak platform at Newark, Del., on July 28, 2013. CURTIS TATE — MCT

WASHINGTON — Sen. Maria Cantwell, D-Wash., introduced legislation on Wednesday that would immediately ban the least sturdy tank cars from carrying crude oil after a series of recent fiery train derailments.

The bill also would require the U.S. Department of Transportation to regulate the volatility of crude oil transported by rail, particularly oil extracted from shale formations in North Dakota’s Bakken region.

Cantwell’s bill follows four recent derailments in West Virginia, Illinois and Ontario that have drawn new scrutiny to the large volumes of oil moving by rail across North America.

The White House Office of Management and Budget is reviewing new regulations intended to address the safety concerns, but Cantwell told reporters Wednesday that the changes couldn’t wait.

“We know that we need to move on this legislation now,” she said. “Derailments keep happening, and we need to take responsibility to ensure that our communities are safer.”

Sens. Patty Murray of Washington, Tammy Baldwin of Wisconsin and Dianne Feinstein of California, all Democrats, are co-sponsoring Cantwell’s bill.

In addition to addressing tank cars and volatility, the legislation also would increase penalties for rail and energy companies that don’t meet federal safety requirements.

The bill would authorize funding to train emergency responders and require railroads to provide more information about oil shipments to state and local emergency officials. It also would require railroads to have comprehensive oil spill response plans.

The measure aims to remove from crude oil service the kinds of tank cars that have proved vulnerable to punctures and fire exposure in a series of derailments over the past two years.

Those include the older DOT-111 cars involved in a July 2013 derailment in Quebec that killed 47 people, as well as newer, industry-designed CPC-1232 cars involved in the most recent four derailments.

All lack thermal insulation and outer jackets to better protect the cars in derailments, and Cantwell’s bill would require tank cars carrying oil have those features.

“There are a bunch of tank cars that are unacceptable now,” she said. “So we’re saying get them off the rails, now.”

Cantwell noted that the rail industry asked the Transportation Department for an improved tank car design four years ago and that her bill would help give the industry some certainty.

“I’m willing to tell them right now: Here’s the standard that I think should be set,” she said.

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

 

Federal Railroad Administrator on newer tank car: “It’s a Pinto with a better bumper instead of just a Pinto”

Repost from PRI’s Living On Earth, Environmental News Magazine
[Editor:  An important interview.  See full transcript below and good links below the transcript.  Click here for audio.  – RS]

Oil Train Safety Off Track

Steve Curwood, Air Date: Week of March 20, 2015
Five oil train derailments in five weeks–some with dangerous fiery consequences. (Photo: Wikimedia Commons)

In the past five weeks, there have been 5 oil train derailments resulting in large fireballs, and more oil was spilled in 2014 than in the last 38 years combined. Steve Kretzmann, Director and Founder of Oil Change International, and Sarah Feinberg, Acting Administrator of the Federal Railroad Administration, discuss rail safety with host Steve Curwood and offer different solutions to this multifaceted problem.

Transcript

CURWOOD: From the Jennifer and Ted Stanley Studios in Boston and PRI, this is Living on Earth. I’m Steve Curwood. At 12 million barrels a day, the US is the world’s leading oil producer, with much of the boost due to fracking technology. With pipelines at capacity the boom has led a 4,000 percent increase in the volume of crude oil that travels by rail, and that brought more accidents and more oil spills in 2014 than over the previous 38 years. Just these past five weeks brought five more derailments, with huge fires and polluted waterways, and some critics say new rail safety rules on the drawing boards won’t go far enough to protect the public or the environment. Steve Kretzmann is Executive Director and Founder of Oil Change International. Welcome to Living on Earth, Steve.

KRETZMANN: Thanks so much for having me here, Steve. It’s great to be back.

CURWOOD: Now, what we are seeing is a lot of crashes and explosions. What’s happening?

KRETZMANN: So we’re seeing, unfortunately, a very visible result of the ‘all of above’ energy policy, playing out with great risks to our communities around North America on a whole. The Bakken oil is very light oil, and it’s very explosive, it turns out, and people have known this, but it hasn’t really stopped them from shipping it via rail. And it’s also worth noting that because that oil is light oil, that’s mixed in with tar sands to form diluted bitumen, which is usually the way tar sands get to market, we’re also seeing tar sands trains now explode, and so they’re just trying to get as much out as fast as they can and maximize their profit. And as we know, the oil market is flooded with crude now and effectively we’re subsidizing that with our safety in our communities and our lives.

CURWOOD: Now, in Texas where there’s a fair amount of fracking for oil, there are machines that remove the most volatile portion, the most explosive part of fracked oil before it is shipped, but in North Dakota it is not. Why this discrepancy? Why don’t they make this safety precaution in North Dakota?

KRETZMANN: Well, it’s about profit, it’s about investment and infrastructure by the industry, so the production in Texas is very close to markets and so when they invest in the infrastructure to remove the lighter petroleum product – natural gas among other things – they can then sell that oil because they can put in the pipelines. On the other hand, North Dakota does not have those gas pipelines and the infrastructure is not there to capture it and so their options are burn it or try to force it into the tank car, which is what they’re doing. There are new regulations that are supposed to take effect from North Dakota that will reduce the amount that they can squeeze in there on a regular basis, but it’s not clear that the regulation is in line with what will actually create a safe car. It’s just slightly less than they’ve been able to get away with.

Older DOT 111 cars usually do not fair well in crashes, even at low speeds. (Photo: Robert Taylor; Flickr Wikimedia Commons CC BY 2.0)

CURWOOD: Talk to me about the new tanker safety rules and how effective they might be in preventing the kind of explosions we’ve seen on oil train derailments.

KRETZMANN: So it’s not clear what the new rules are going to be. There are the North Dakota rules which are a slight reduction in vapor pressure, and then there are the federal rules, which are under consideration by the Obama administration, and we’re going to see another draft of those supposedly within the next month. But there are very different options that they can take. They could build thicker-walled oiled trains, they could require that, but the oil industry doesn’t like that because it costs them more money. They could install electronically controlled pneumatic brakes on the railcars, but the rail industry doesn’t like that because it costs them too much money. One of the most effective things they could do is introduce a very serious speed limit. The DOT 111s, the old cars, still make up the majority of the crude by rail fleet; they’ve been shown to explode at seven miles an hour. The 1232s, which are the newer supposedly safer cars, but are the ones that have been involved in each one of these accidents recently, have been shown to explode at 15 miles an hour. So, we say you should put in serious restrictions here: all new cars, speed limits at 15 or below, particularly in populated areas. You know the industry gets very upset about that and says, “oh my God, that would mean we would have to stop production”. And you know, the point is “yes”, maybe actually reducing some production in the name of public safety is worth it here.

Steve Kretzmann is the Founder and Executive Director of Oil Change International. (Photo: courtesy of Mr. Kretzmann)

CURWOOD: So you mentioned that communities are at risk from these crude oil trains. What ones come to mind for you?

KRETZMANN: So when you look at the map of where crude oil trains are going around the United States, it’s very clear you start looking at the routes: Minneapolis, Chicago, St. Louis, New York, Philadelphia, Cleveland, Detroit. All these cities have crude by rail trains, these bomb trains running right through them. 25 million Americans live within the blast zone here and it’s sadly not a question of if but when one of these explosions is going to result in a tremendous tragedy. We have the opportunity to slow this down and put a moratorium in place before this happens and we should take it.

CURWOOD: That was Steve Kretzmann of Oil Change International. Well, a moratorium on oil transport by rail is unlikely, and the Obama Administration has yet to issue new rules, even after two years of work. So in the face of the recent accidents it’s issued some emergency rules and here to explain is Sarah Feinberg the Acting Administrator for the Federal Railroad Administration. Welcome to the program.

FEINBERG: Thank you for having me.

CURWOOD: So what do you have in place now in terms of emergency regulations then, emergency rules?

FEINBERG: Well, we have a lot. We have a requirement of railroads to share information about the product that’s being transported with emergency responders in each state. We have an emergency order that’s in place regarding testing and making sure that the right tank car and right packaging is being used for each product. Over the course of a year and a half that I’ve worked on this issue, we were enforcing against violations for not testing the product properly, not packing it in the right container, not handling it the right way, not sharing information about it. I’m not saying things are in a good place now, they certainly aren’t. We’ve got a long way to go, but when I think back to where we were a year and a half ago, it’s amazing to me we’re actually having a conversation about testing then.

A DOT-111 tank car with an insulating jacket and external heating coils can hold 20,000 gallons of crude. (Photo: National Transportation Safety Board; Wikimedia Commons)

CURWOOD: Now, not long ago there was a dramatic explosive derailment in West Virginia that involved the new kinds of cars, the supposedly safer cars, and some folks are saying that apparently having those cars aren’t safe enough. What you say?

FEINBERG: Well, it’s really important to understand the different kinds of cars that are out there. The one we hear about a lot is the DOT 111. That is the older tank car; I think everyone agrees across the board that tank car is certainly outdated. It’s not safe enough to hold this product or others. Industry on its own a few years ago came up with their own version of a tank car that’s called the 1232. While it is a better tank car, and it’s a newer version of a tank car, one person on my team once referred to the 1232 as the .111 with a five-mile per hour bumper on it. So it’s a Pinto with a better bumper instead of just a Pinto. The other most important thing to think about is that all 1232s are not the same. They didn’t have all the safety components that they could have had. They didn’t have a jacket; they didn’t have a thermal shield. These are important components to keep a tank car from basically experiencing the thermal events that create fireballs.

CURWOOD: No matter what kind of car it is, they’re going off the rails. Some folks say that the trains are just simply traveling too fast.

FEINBERG: Look, I mean speed should be a factor, but the reality of is that in all of these derailments, they’ve been very low speed. In fact, the agreements that we have in place with the railroads limit speed at 40 miles an hour. We’re now in a position where we’ve got railroads functioning below the maximum speed and we are still running into problems. There is not a tank car at this moment or even the new version of the tank car we’ve proposed that will survive a derailment above, say, 16 or 18 miles an hour. So that’s one of the reasons why this issue is so complicated. There is literally not a silver bullet. It’s not speed, it’s not a particular tank car, its not the way the train is operated. It’s all of the above and it needs to include, frankly, the product itself that’s being placed in the transport, the product that’s leaving the Bakken and heading to the refinery.

CURWOOD: How safe is it to allow such volatile fuel to be transported on rails?

Sarah Feinberg is the Acting Administrator of the Federal Railroad Administration. (Photo: FRA)

FEINBERG: I mean, if I have to be honest, I would prefer that none of this stuff be traveling by rail. I worry a lot about not just the folks who are working on the train and the passengers on the Amtrak that the train is going by, but I worry a lot about the people living in the towns and working in the towns that these trains are going through. Now, we have some routing protocols in place. There is a whole software system that the railroads use when they are trying to determine the right route for a substance like this, so it looks at things like city size, it looks at possible defects on rail, it looks at weather, it looks at speed, it looks at traffic, it looks at all of those factors and it basically spits out the best route for you to take.

CURWOOD: Industry a few days ago went over to the Office of Management and Budget, the folks who review the rule-making there inside of the OMB, and made a lot of complaints about the proposal to have this updated form of braking, they say it won’t have more significant safety benefits, it won’t have much in the way of business benefits and be extremely costly. Sounds like industry is pushing back against getting this stuff under control. Your take?

FEINBERG: Yeah, sure. And I expect that. Look, OMB meets with industry, yet the FRA is required to meet with all interested parties as well. So, as many meetings as I did with industry, I think we all did with the environmental community, small-town mayors, governors and interested members of Congress. So there are a whole lot of folks with a dog in this fight and they all want to talk to the regulator and they all want to talk to the Office of Management and Budget to affect the outcome of the rule. I think at the end of the day it’s OMB’s job and it’s FRA’s job to come up with the best possible rule that we can that will actually address the challenge. To be clear, that’s not an easy thing to do right now. It’s a bit amazing at this point you can take a common sense safety measure and watch the amount of time that it can actually take to turn into a regulation, but you know that’s my frustration, that’s our problem and our issue to deal with, and the main thing is we should just be keeping people safe.

CURWOOD: Sarah Feinberg is the Acting Administrator for the Federal Railroad Administration. Thanks so much for taking the time today.

FEINBERG: Thanks for having me.

CURWOOD: We asked the Association of American Railroads for comment on the proposed new regulations.

Spokesman Ed Greenberg’s reply is posted in full at our website, LOE.org.

It reads, in part: “America’s rail industry believes final regulations on new tank car standards by the federal government would provide certainty for the freight rail industry and shippers and chart a new course in the safe movement of crude oil by rail.”

Coming up…the power of labor allied with environmental activists. Stay tuned to Living on Earth.

The Association of American Railroads comment:

“The safety of the nation’s 140,000-mile system is a priority of every railroad that moves the country’s economy and the freight rail industry shares the public’s concern over recent high-profile incidents involving crude oil. This is a complex issue and a shared responsibility with freight railroads and oil shippers, which are responsible for properly classifying tank car contents, working together at further advancing the safe movement of this product.

The fact is, safety is built into every aspect of the freight rail industry, it is embedded through-out train operations and a 24/7 focus for thousands of men & women railroaders. Billions of private dollars are spent on maintaining and modernizing the freight rail system in this country. Since 1980, $575 billion has been spent on safety enhancing rail infrastructure and equipment with another $29 billion, or $80 million a day, planned for 2015.

Railroads have done top-to-bottom operational reviews and voluntarily took a number of steps to further improve the safety of moving crude oil by rail. Actions have included implementing lower speeds, increasing track inspections and track-side safety technology, as well as stepping up outreach and training for first responders in communities along America’s rail network.

Federal statistics show rail safety has dramatically improved over the last several decades with 2014 being the safest year in the history of the rail industry. More than 2 million trains move across our country every year hauling everything Americans want in their personal and business lives with 99.995 percent of cars containing crude oil arriving safely. That said, the freight rail industry recognizes more has to be done to make rail transportation even safer.

Freight railroads do not own or manufacture the tank cars carrying crude oil. Still, the freight rail system has long advocated for tougher federal tank car rules and believe that every tank car moving crude oil today should be phased out or built to a higher standard. We support an aggressive tank car retrofit or replacement program.

America’s rail industry believes final regulations on new tank car standards by the federal government would provide certainty for the freight rail industry and shippers and chart a new course in the safe movement of crude oil by rail.”

Links

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