Report on fatal Ellicott City train accident details how a piece of rail snapped
By Ashley Halsey III, August 23, 2014
Workers stand near one of the coal cars of the derailed train behind the Baltimore & Ohio Railroad Museum: Ellicott City Station on Aug. 21, 2012. (Mark Gail / FOR THE WASHINGTON POST)
They would be college graduates now, poised on the brink of life, had not a train gone off the tracks two years ago in a tragic fateful moment that caught them where they should not have been.
After almost two years of investigation into a 2012 train derailment in Ellicott City, Md., the National Transportation Safety Board said a piece of rail near replacement age simply snapped under the weight of a half-mile-long train carrying 9,873 tons of coal toward the Baltimore docks.
Elizabeth Nass and Rose Mayr, both 19 and celebrating their imminent return to college, were sitting a few feet away on a trestle 20 feet above Main Street. They were buried beneath the spilling coal. Death transformed them into a parable for being in the wrong place at the wrong time, and for the random cruelty of fate. The details played out on the airwaves and in print as far as Australia.
They had tweeted messages and photos to friends from atop the rail bridge as the freight train rumbled toward them just before midnight. One photo showed the tiny shops and bars of Main Street, gone dark deep into Sunday night. Another showing their feet dangling off the bridge came with a one-word exclamation: “Levitating.”
Last month, the parents of the girls spoke out for the first time, releasing a statement through their attorneys saying that the CSX railroad was to blame.
The NTSB report is more meticulous than captivating. It describes details of the accident and gives a broader picture of a freight rail company struggling to stay ahead of deterioration on the oldest stretch of common carrier rail line in the United States.
It describes how the three crew members had the train rolling at 23 mph, just below the acceptable limit, when the emergency brakes slammed it to a halt. They got out to discover that 11 cars had overturned, including eight that had dumped their loads as they toppled into a parking lot below.
As they pieced together sections of shattered rail, investigators could not find five inches of it. “At the point of derailment, the rail fractured,” they said. The board said that “the probable cause of the Ellicott City derailment was a broken rail with evidence of rolling contract fatigue.”
The NTSB report said the railroad was aware of the history of rail defects on that line and of the increased volume of coal tonnage the line was carrying. As a result, the report said, CSX ran ultrasonic tests on the rails 11 to 12 times a year, far more frequently than regulations require. The rail had been tested by federal regulators in July 2012 and by CSX 17 days before the Aug. 20 derailment. “In the area of the derailment, no defects were recorded” by that CSX testing, the NTSB said.
After the accident, some people in Ellicott City said the railroad bridge was a place where underage people went to drink out of sight of others.
Just before they died, Nass tweeted, “Drinking on top of the Ellicott City sign,” a reference to the welcome sign painted on the bridge just below their dangling feet. The underage girls were not heavily inebriated, the NTSB report said. One had a blood alcohol level of 0.05 and the other was at 0.03, both below the limit of 0.08 for driving a car.
“Our daughters did not cause the derailment, CSX did,” Sue Nass, Elizabeth Nass’s mother, said in the statement released by the law firm, which said the families would seek a settlement from CSX. “A rail car should not turn over and kill innocent people.”
The NTSB report said CSX has installed a chain-link fence along the rail line “in an attempt to deter future trespassing.”
Repost from Poughkeepsie Journal [Editor: Significant quote: “The U.S. Department of Transportation acknowledged in its proposed rule that an another accident isn’t a question of if, but when. “Absent this proposed rule, we predict about 15 mainline derailments for 2015, falling to a prediction of about 5 mainline derailments annually by 2034,” the department’s proposal stated. Reviews and lawsuits mean it could be years before the rule is implemented.” – RS]
Oil train risks push communities to prepare for worst
Khurram Saeed | August 21, 2014
The home of Doris Quinones is less than 100 feet away from the CSX railroad track, on which as many as 4 oil trains pass by every day, not to mention freight trains carrying other hazardous chemicals. An oil train is seen passing from the yard of Doris Quinones, July 31, 2014 in Haverstraw.(Photo: Tania Savayan/The Journal News)
Little black bullets.
That’s what Doris Quinones calls the dozens of outdated tank cars filled with crude oil that rumble yards away from her Haverstraw home every day.
One train hauling oil can have up to 100 cars, and as many as 30 oil trains pass through Rockland each week on the way to refineries. That’s twice the number from just six months ago as demand continues to grow for the volatile crude oil drawn from the Bakken region in North Dakota.
Those trains also pass through Ulster County.
In Highland, the trains roll past a restaurant and a Hudson River waterfront park that is being outfitted with a new deep-water dock for tour boats.
Ulster County’s vulnerable infrastructure includes drinking water intakes for Port Ewen and the Town of Lloyd.
A 100-car oil train can carry 3 million gallons of crude oil, and because so many more are on the rails, the number of derailments and accidents is rising.
The oil trains, which do not travel on a set schedule, roll through four of Rockland’s five towns on CSX Railroad’s River Line. Fully loaded trains run north to south, less than a mile from Helen Hayes Hospital in West Haverstraw, Lake DeForest reservoir in Clarkstown, the Palisades Center in West Nyack and Dominican College in Blauvelt, not to mention dozens of neighborhoods, scores of schools and day care centers and right past key highways like the Thruway.
Given her proximity to the tracks, Quinones said a derailed train would “land in my living room.”
“We’re all realists,” Quinones said recently in her backyard, where she sometimes lounges in her swimming pool and tends to her cucumbers. “They got to get something somewhere. It’s got to go on the freight train but they got to take extra measures even if it costs them more money.”
The oil trains are hard to miss, and the safety issues surrounding them, particularly their tank cars, have become harder to ignore. There have been a number of fiery explosions and accidents since 2013 that have caused officials at all levels to look closer at the dangers of shipping oil by rail.
Just over a year ago, 47 people died when an unattended oil train derailed and exploded in Lac-Megantic, Quebec. Rockland had a close call in December when an oil train transporting 99 empty tank cars from Philadelphia to North Dakota hit a truck stuck on the crossing in West Nyack, sending the truck’s driver to the hospital.
Planning for worst
Peter Miller, chief of the Highland Fire District, said firefighters took part in a drill in Kingston on May 30, along with other fire departments. The drill was sponsored by the Ulster County Emergency Services Department and CSX.
He said the district’s response plans are constantly being updated, particularly now that the Bakken crude is rolling through.
“We upgrade our training and our response plans to cover what we would do, depending on where the incident is,” he said.
Even as federal transportation officials are proposing more stringent requirements for tank cars to make them safer, Rockland’s first responders are planning for nightmare scenarios and how to evacuate thousands of people quickly in a catastrophe or have them stay where they are.
“Our job is to really plan for the worst,” said Chris Jensen, Rockland County’s hazardous materials coordinator.
Rockland emergency officials are finishing the evacuation map for residents and businesses within a mile of the River Line.
It covers a mile on either side of the rail line, broken into half-mile sections, from Bear Mountain to the New Jersey border.
Gordon Wren Jr., director of Rockland’s Office of Fire and Emergency Services, said the map “allows us to make the decisions quicker, faster.”
“Do you evacuate or not? If so, how far?” Wren said.
The map identifies schools, day care centers, nursing homes and senior housing, among other landmarks.
“(A police officer) can look at that and say, ‘Let’s get the people out of here,’ ” said Dan Greeley, assistant director of the county Office of Fire and Emergency Services. “It happens instantaneously.”
The U.S. Department of Transportation acknowledged in its proposed rule that an another accident isn’t a question of if, but when.
“Absent this proposed rule, we predict about 15 mainline derailments for 2015, falling to a prediction of about 5 mainline derailments annually by 2034,” the department’s proposal stated. Reviews and lawsuits mean it could be years before the rule is implemented.
In 2008, just 9,500 carloads of crude oil moved by rail. Last year, the figure exceeded 400,000, the Association of American Railroads said.
Rail industry officials note that 99.9 percent of all hazardous rail shipments reach their destinations safely and that only rail has afforded the nation the flexibility to move large volumes of oil so quickly and freely, letting the United States wean itself off foreign oil.
Susan Christopherson, chair of Cornell University’s city and regional planning department, said though pipelines are safer, oil shippers from western Canada and the Bakken shale region prefer trains because they provide flexibility from different points of origin to refineries nationwide.
The problem, she said, is the Federal Railroad Administration has “little capacity” to regulate the rail industry or monitor rail infrastructure safety.
“Costs for emergency preparedness have to be absorbed by state and local government,” Christopherson wrote in an email. “There is little or no compensation for these costs, which can be significant.”
Under Gov. Andrew Cuomo, the state has become increasingly proactive, carrying out inspection blitzes of rail yards and leveling fines.
‘Witches’ brew’
The River Line, part of CSX’s rail network, runs from outside Albany. In February, the railroad told The Journal News that two oil trains used the line daily, or 14 a week. By June, the railroad fixed the number of trains hauling 1 million gallons or more of Bakken crude at 15 to 30, or up to four each day, according to documents it had to file with the state.
CSX spokesman Gary Sease said there have been incremental increases in crude oil volume over the past several weeks with likely more to come. The railroad recently completed double-tracking work in north Rockland to increase capacity on the track.
“It is a result of market conditions and can fluctuate,” Sease wrote in an email.
“We see customers investing in additional crude oil terminals over the next couple of years.”
Bakken crude oil is just the latest dangerous substance to travel the line, Jensen said. Toxic substances such as chlorine, ethanol, propane and vinyl chloride have moved on the former West Shore line for decades.
“It’s a witches’ brew of stuff,” Jensen said.
But one big difference is the amount of Bakken crude that passes through Ulster, Rockland and, for that matter, 15 other counties in New York.
Aside from CSX, Canadian Pacific Railway hauls Bakken crude from the Midwest to Albany, with an average of one train a day with a million-plus gallons.
In May, CSX began a first responders training program by bringing equipment and experts to communities to teach them about incidents involving crude oil. More than 1,000 people have been trained, he said.
That’s a good start but more needs to be done, said Jerry DeLuca, executive director and CEO of the New York State Association of Fire Chiefs.
“You don’t fight an oil fire with water. We need to have foam and a lot of it,” said DeLuca, whose group represents more than 11,000 professional and volunteer fire chiefs. “It’s not something we utilize every day, so you have to be trained.”
Poughkeepsie Journal staff writer John Ferro contributed to this report.
State regulators expect penalty for CSX oil train wreck
April CSX wreck sent oil into river at Lynchburg
By Alicia Petska, The News & Advance, August 21, 2014 10:30 pm
LYNCHBURG — State environmental regulators are in talks with CSX to negotiate the terms of a consent order that will be issued in response to the estimated 29,916 gallons of oil released into the James River during the April 30 train derailment in downtown Lynchburg.
The order is expected to include a financial penalty, but the amount has not been determined yet, said Robert Weld, regional director for the Department of Environmental Quality.
Other measures may include long-term monitoring of river conditions and replanting vegetative buffers along the riverbank.
Water quality testing in the weeks after the derailment found no contaminants of concern, Weld said, but visual checks and other monitoring will continue out of an “abundance of caution.”
It remains unclear just how much of the Bakken crude oil that leaked during the downtown derailment actually mixed into the river or made its way downstream.
Much of it burned in the large fire that erupted after 17 cars on a 105-car oil train derailed near downtown Lynchburg. Three cars tumbled over the riverbank, and one ruptured. There were no injuries or building damage.
The incident drew Lynchburg into a national debate over how to safely ship the volatile crude found in Bakken shale around North Dakota, where production has skyrocketed in recent years.
On Wednesday, Weld was among more than a dozen state officials who convened in Lynchburg for the second meeting of a new rail safety task force formed by Gov. Terry McAuliffe after the derailment.
The meeting, held at City Hall, included a presentation from the federal agency charged with regulating hazmat shipments and public comments from environmental advocates and rail employee representatives.
CSX had offered to reimburse the city for the cost of its emergency response and sent the final check last week, according to Lynchburg’s finance department.
The reimbursement totaled $107,853 for personnel and equipment costs, as well as minor property damage to trees, curbs and sidewalks.
The new rail safety task force has been asked to advise the state on how it can improve its own preparedness and response efforts.
It also might weigh in on the federal regulations that govern most aspects of rail operations. The U.S. Department of Transportation has been studying the oil-by-rail issue since a deadly oil train derailment in Quebec in July 2013.
Last month, federal officials released a set of proposed rules that may lead to phasing out older DOT-111 model tankers that have been criticized as puncture prone.
There also may be higher standards for braking systems, speed limits and testing of volatile liquids. The proposed rules are in a 60-day public comment period that will end Sept. 30.
During a public hearing Wednesday, water quality advocates with the Chesapeake Bay Foundation and James River Association urged officials to take a comprehensive look at the rail safety issue and not limit themselves to one region, cargo or issue.
The proposed federal regulations may not do anything to deter the kind of derailment that occurred in Lynchburg, said Pat Calvert of the James River Association, whose office is close to the derailment site.
Given the location of the derailment — near several downtown businesses and a popular trail system — it’s a miracle no one was injured, he said.
“We dodged a bullet,” Calvert said. “But we shouldn’t necessarily be playing Russian roulette here.”
The cause of the Lynchburg derailment is under investigation by the National Transportation Safety Board. The NTSB said it could be a year or more before its report is ready.
The state’s rail safety task force plans to hold its next meeting in September in the Norfolk area. It hopes to tour the Yorktown oil refinery — where oil-by-rail shipments through Virginia end up — and meet with a representative of the NTSB.
It’s 3 p.m., and you’re cruising down a rural road, doing about 50.
A quarter mile away is a sign, with flashing yellow lights, alerting you to slow down to 15. It’s a school zone.
But, you don’t see any children. Besides, you’re going to be late to your racquetball match. So, you just slide on past.
You’re an independent long-haul trucker. You get paid by the number of miles you drive. If you work just a couple of hours longer every day than the limits set by the federal government—and if you can drive 75 or 80 instead of 65, you can earn more income. You have your uppers and energy drinks, so you believe you should be able to work a couple of hours a day more than the regulations, and drive faster than established speed limits. Now, let’s pretend you’re the CEO of a railroad. Your trains have been hauling 100 tanker cars of crude oil from North Dakota to refineries in Philadelphia and the Gulf Coast. That’s 100 tankers on each train. A mile long.
About 90 percent of the 106,000 tanker cars currently in service were built before 2011 when stricter regulations mandated a new design. The older cars are susceptible to leaks, explosions, and fires in derailments. But, because of intense lobbying by the railroads, they are still carrying oil.
Railroad derailments in the United States last year accounted for more than one million gallons of spilled oil, more than all spills in the 40 years since the federal government began collecting data. The oil pollutes the ground and streams; the fires and explosions pollute the air.
Most of the derailments threatened public safety and led to evacuation of residential areas. One derailment led to the deaths of 47 persons, the destruction of a business district, and an estimated $2 billion for long-term pollution clean-up and rebuilding of homes and businesses. Three derailments, including one in a residential area of Philadelphia, occurred this past year in Pennsylvania.
The derailment and explosions of “bomb trains” became so severe that in May the Department of Transportation declared the movement by trains of crude oil from North Dakota derived by the process known as fracking posed an “imminent hazard.”
The federal government wants to reduce the speed limit for those trains carrying highly toxic and explosive crude oil.
If you’re Hunter Harrison, CEO of Canadian Pacific (CP), you say you “don’t know of any incidents with crude that’s being caused by speed,” and then tell your investors, “We don’t get better with speed [reduction]. We get worse.”
If you’re Charles Moorman, CEO of Norfolk Southern, you agree completely with your colleague from CN, and say that a higher speed limit is safe.
If you’re Michael Ward, CEO of freight giant CSX, you say that lower speed limits “severely limit our ability to provide reliable freight service to our customers.”
You and your fellow CEOs have even had one dozen meetings with White House officials to explain why slower speeds are not in the nation’s best interest. You explain that your railroad should be allowed to determine the best speed for your trains.
Driving a car through a school zone, you don’t have the right to determine your best speed.
Driving a truck on interstate highways, you don’t have the right to determine your maximum speed.
But, if you’re a multi-billion dollar railroad industry, you think you have the right to set the rules.
[Dr. Brasch is a former newspaper and magazine writer and editor. He is the author of 20 books, most fusing historical and contemporary social issues. His latest book is Fracking Pennsylvania: Flirting With Disaster.]
