Tag Archives: Derailment

Refiners’ lobby says DOT-111 is “fine” for shipping Bakken crude

Repost from Railway Age

Refiners’ lobby says DOT-111 is “fine” for shipping Bakken crude

Written by  David Thomas, Contributing Editor  | May 19, 2014

Operators of the U.S. fleet of DOT-111 tank cars are fighting the emerging consensus that the cars and their contents are the key culprits in the succession of oil train conflagrations that started last July 6 at Lac-Mégantic, Quebec.

Keeping trains on the tracks should be the priority in the reform of crude-by-rail, said the Washington-based policy advocate for the petroleum refiners that own much of the North American tank car fleet.

Too much focus is on the presumed weaknesses of the DOT-111 general-purpose tank car and on the particular properties of crude oil fracked from Bakken shale, said the American Fuel & Petrochemical Manufacturers (AFPM) in a May 14 submission to the U.S. Department of Transportation. Both are safe for haulage, the refiners argue in a contrarian view that rubs against the otherwise unanimous opinion of accident investigators, regulators, and railroaders that the DOT-111 and Bakken oil are an unacceptably risky pairing.

In an interview with Railway Age May 16, AFPM president Charles Drevna asked: “Can we have an intellectually honest discussion about mechanical and track integrity on the rails? You shouldn’t blame the cargo for an accident.”

At the same time, Canada’s oil shippers are resisting any requirement that they cover their consignments with public liability insurance. Legal and financial responsibility for the consequences of rail accidents should remain entirely with railroads and railroad insurers, the Canadian Association of Petroleum Producers and the Canadian Fuels Association argued in a joint submission to a Transport Canada review arising from the Lac-Megantic accident.

Both Canadian Class I railroads and the Railway Association of Canada submitted that shippers should indeed insure their cargos against loss of life and environmental damages. Furthermore, CN and CP want the right to refuse consignments they judge to be too dangerous. Currently, as common carriers, railroads in both the U.S. and Canada are obliged to haul any legal cargo in authorized containers.

Thus, as the anniversary of the Lac-Mégantic catastrophe approaches, what had seemed to be a public consensus that the ultra-light Bakken crude is inherently too volatile for DOT-111 carriage is fracturing into open dispute between oil shippers and rail carriers.

“As the standards are today for flammable liquids, Bakken crude fits right in, and the DOT-111 cars should be fine,” Drevna said.

While the AFPM supports regulatory adoption of the 2011 standard proposed by a cross-industry committee, Drevna said he doubts that Canada’s phase-out of DOT-111s can be accomplished within the three-year timeline. Any additional new tank car specification beyond the industry-sponsored CPC-1232 standard should be delayed until comprehensive derailment data has been collected and analyzed.

No practical tank car would have survived the 64-mph derailment of Montreal, Maine & Atlantic’s runaway at Lac-Mégantic, said Frits Wybenga of Dangerous Goods Transport Consulting, who on behalf of AFPM analyzed a survey of Bakken oil samples by organization members. “You can’t design-out a tank car rupturing in those circumstances. You can make them heavier and heavier and make a tank car that would withstand those forces, but you wouldn’t be able to carry much crude oil in it.”

Products considerably more hazardous are routinely and legally transported in DOT-111 cars and Bakken crude should continue to be classified and transported like any other Class 3 flammable liquid under the Hazardous Materials Regulations (HMR), said the AFPM.

“Bakken crude oil currently is transported in compliance with the HMR as a Class 3 Flammable Liquid in either Packing Group I, II, or III. In conclusion, there is no identifiable basis for regulating Bakken crude differently than other flammable liquids regulated by the DOT Hazardous Materials Regulations,” says the AFPM submission to DOT.

The AFPM report included an assessment of routine assays performed by its own members in the course of loading and receiving Bakken crude. With just one exceptionally high concentration of hydrogen sulfide among the 1,400 samples drawn between loading terminals and destination refineries, the AFPM concludes that Bakken crude falls comfortably within Class 3 Flammable Liquid specifications for carriage in DOT-111 cars. Furthermore, the DOT-111 was a safe vessel for any flavor of crude oil—providing railroads keep the cars on the tracks.

“Bakken crude oil was found to be well within the limits for what is acceptable for transportation as a flammable liquid,” the AFPM reported. “Bakken crude oil was compared with other light crude oils and determined to be within the norm in the case of light hydrocarbon content, including dissolved flammable gases. Measured tank car pressures show that even the older DOT-111s authorized to transport Bakken crude oil are built with a wide margin of safety relative to the pressures that rail tanks may experience when transporting Bakken crude oil.”

The report relies substantially on the “Reid Vapor Pressure” test, which was abandoned in 1990 for U.S. hazmat classification in favor of the dual criteria of whether a material is liquid or gas at 20°C (68°F) or, alternatively, has a vapor pressure of more than 300 kPa (43.5 psia) at 50°C (122°F). The Reid test remains a common industry measure of vapor pressure at 100°F (38°C) and transposes accurately to the HMR-approved pressure scale, says the AFPM.

“AFPM and its members appreciate the concerns raised in relation to rail transport of Bakken crude oil and stand ready to work cooperatively with DOT and other governmental organizations to ensure the safe transportation of Bakken crude oil,” the report says. “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.”

Two Petroleum Coke train cars derail in Benicia

Repost from The Benicia Herald
[Editor: Question: was the petcoke dust in these cars open to the wind when they derailed here in Benicia last Saturday?  What happens to the petcoke when one of these cars jostles up and then bangs down off the rails?  Anyone have a photo?  ANSWER TO THESE QUESTIONS FROM A LOCAL OBSERVER: “The cars that Valero uses to transport petcoke are ‘Hopper Cars’. They are closed top. They are not open gondala cars.  No, the product was not open to the wind.  They are completely covered and have a top fill with a door and 3 or 4 bottom discharge slide gates.”  – RS]

2 UP trains [sic] derail near Benicia refinery; no injuries or spills

May 19, 2014, The Benicia Herald

Two Union Pacific train cars came off the rails about 5:25 p.m. Saturday, Mark Davis, UP director of corporate relations and media, said Monday.

The train serves Valero Benicia Refinery, Davis said. The derailment happened near there.

“There was no petroleum coke spill,” said Sue Fisher Jones, the refinery’s public affairs manager.

Davis concurred. “There were no injuries or spills,” he said.

“Both hopper cars were loaded with coke and derailed upright with all wheels off the rail,” he said, describing the incident.

“The cars were placed back on the track Sunday morning, and the cause of the derailment is under investigation,” Davis said.

Vancouver City Council urged to oppose Tesoro oil terminal

Repost rom The Columbian
[Editor: The resolution is expected to pass.  – RS]

In Our View: Stopping the Oil Terminal

Vancouver City Council should formally adopt its opposition to proposed project

May 19, 2014

After months of limbering up, members of the Vancouver City Council have taken a swing at a proposed oil terminal at the Port of Vancouver — and smacked one out of the park. Councilors have prepared a draft resolution weighing in on the deal reached last year between port officials and Tesoro Corp. and Savage Companies. They have opposed the proposal in no uncertain terms and have urged government entities that have a say in the matter to rule against it.

The draft resolution will be discussed by the council during a workshop Monday and will receive a public hearing on June 2; council members are expected to vote on the resolution June 16. And while the city has no official decision-making capacity regarding the oil terminal — which would handle up to 380,000 barrels of crude oil per day, arriving by train from the Bakken formation in North Dakota — it has effectively distilled the arguments against the idea. Among the items included in the resolution’s 37 “whereas” statements:

• “Human error, acts of nature and unforeseen disasters are beyond the control of measures proposed for the Vancouver oil terminal project and could have devastating effects on the entire community.”

• There have been several well-documented derailments and explosions of trains carrying Bakken crude, including one in Quebec that killed 47 people.

• The city has invested heavily in a proposed Columbia Waterfront Development, a $1.3 billion project that would result in commercial, residential, and recreational outlets along the banks of the Columbia River — just upriver from the terminal site and in the shadow of the rail tracks used by oil trains.

Each of these is an important aspect deserving of consideration, but the most valid argument from city officials is this: “Whereas the City has a paramount interest in the health, safety and welfare of its citizens and believes that the development of the proposed Tesoro Savage crude by rail oil terminal is contrary to the health, safety and welfare of its citizens and business community.”

These talking points have been presented previously by some on the city council and by many members of the public. But formal adoption of the resolution by council members (four of the seven members have expressed opposition to the terminal) would go a long way toward stopping it in its tracks. The state Energy Facility Site Evaluation Council is reviewing the proposal and will make a recommendation to Gov. Jay Inslee, who will have the final say regarding approval. The city council’s resolution urges both EFSEC and the governor to decline certification of the terminal, and it also urges federal and state lawmakers to tighten regulations regarding the transportation of crude oil.

Most intriguingly, council members request that the Port of Vancouver terminate its lease with Tesoro and Savage. The ability of port officials to do that remains open to interpretation — in part because the lease released to The Columbian under a public-records request contains heavily redacted portions. It is difficult to assess the legal obligations of the port under such a veil of secrecy, which is another reason to question the terminal proposal. If Tesoro and Savage cannot trust the public to know the details, it’s unlikely the public will trust the companies to act in the best interest of the community.

The reasons for opposing the oil terminal are sound and well-considered, having undergone months of scrutiny and discussion. The Vancouver City Council would be wise to formally adopt its opposition.

Lac Mégantic “bomb train” employees arrested: criminal negligence

Repost from the Boston Herald

Men charged in Quebec railway disaster in court

May 14, 2014  |  Associated Press
Photo by: The Associated Press  FILE – Smoke rises from railway cars that were carrying crude oil after derailing in downtown Lac Megantic, Quebec, Canada, Saturday, July 6, 2013. (AP Photo/The Canadian Press, Paul Chiasson, File)

MONTREAL — Three railway employees arrested in the runaway oil train explosion that killed 47 people were arraigned and released on bail Tuesday. They face criminal negligence charges in the small Quebec town that was devastated by the horrific inferno, which led to calls for making oil trains safer across North America.

The men were arrested late Monday afternoon, about 10 months after more than 60 tankers carrying oil from North Dakota came loose in the middle of the night, sped downhill for nearly seven miles (11 kilometers) and derailed in the lakeside town of Lac-Megantic in eastern Quebec, near the border with Maine. At least five of the tankers exploded, leveling about 30 buildings, including a popular bar that was filled with revelers enjoying a summer Friday night.

Quebec provincial prosecutor’s office laid 47 counts of criminal negligence, one for each person who died, against engineer Thomas Harding, manager of train operations Jean Demaitre, and Richard Labrie, the railway’s traffic controller. Montreal, Maine and Atlantic Railway Ltd., the defunct railway at the heart of the disaster, faces the same charges. Criminal negligence that causes death can result in a sentence of up to life imprisonment in Canada.

The three men entered the packed courthouse before a crowd of journalists and onlookers, including some residents who had lost family and friends.

No pleas were entered but Thomas Walsh, Harding’s lawyer, said his client will plead not guilty. The defendants were due to return to court in September.

Walsh said he had written to prosecutors several times asking that Harding to be allowed to turn himself if he was charged. Instead, Walsh said Harding was arrested by a SWAT team that swooped through his home and into his backyard, where he was working on his boat with a son and a friend. Police forced all three to drop to the ground.

“It was a complete piece of theatre that was totally unnecessary,” Walsh told The Associated Press.

Edward Burkhardt, who was chairman of MM&A, declined to comment.

The railroad blamed the engineer for failing to set enough brakes, allowing the train to begin rolling toward the town of 6,000.

Harding had left the train unattended overnight to sleep at an inn shortly before it barreled into Lac-Megantic.

The crash, the worst railway accident in Canada in nearly 150 years, prompted intense public pressure to make oil trains safer. Canada’s transport minister said in April that the type of tankers involved in the disaster must be retired or retrofitted within three years because they are prone to rupturing. The oil industry has rapidly moved to using trains to transport oil in part because of oil booms in North Dakota’s Bakken region and Alberta’s oil sands, and because of a lack of pipelines.

The arrests came just days before the bankrupt railroad’s sale closes.

The $15.85 million sale of MM&A is expected to close on Thursday in the U.S., but there could be a delay of a few days on a parallel proceeding in Canada. Most of the proceeds will be used to repay creditors. Eventually, there will be a settlement fund to compensate victims and repay cleanup costs.

The railroad’s buyer, a subsidiary of New York-based Fortress Investment Group, is changing the railroad’s name to Central Maine and Quebec Railway. The company said it hopes to recapture lost business but has no plans to try to bring back oil shipments.

Yannick Gagne, the owner of the Musi-Cafe, the establishment in the heart of town where many people were incinerated, has promised to make the new cafe a community gathering place as the town tries to move forward.

“You can understand, for me it’s a day full of emotion,” Gagne said.

Karine Blanchette, an employee who lost friends and colleagues, said she’s happy about the charges but nothing can erase the tragedy.

“Finally, there’s justice,” Blanchette said. “But it does not bring back the people we lost.”

____

Associated Press Writer Rob Gillies contributed to this report from Toronto. David Sharp in Portland, Maine also contributed.