Tag Archives: DOT-111

U.S. Sued Over Refusal to Ban Older Rail Cars for Crude

Repost from Bloomberg News
[Editor: See also the Earthjustice press release, “Groups Bring New Legal Action for Federal Ban of Dangerous Oil Tank Rail Cars”.  Here is the December 2 Petition.   Here is the original July 15 Petition.  – RS]

U.S. Sued Over Refusal to Ban Older Rail Cars for Crude

By Andrew Zajac, Dec 2, 2014
Crude by Rail California
A train with DOT-111 tanker cars. Chris Jordan-Bloch / Earthjustice

Earthjustice and other environmental groups asked a federal court to force the U.S. Transportation Department to reconsider its rejection of an immediate ban on the use of rail tank cars lacking updated safety features for shipping Bakken crude oil.

The tank cars’ safety was questioned after a July 2013 explosion that killed 47 people when an unattended, runaway train hauling 72 carloads of Bakken crude derailed in Lac-Megantic, Quebec.

The transportation department is managing tank car safety issues through a series of directives, short of a ban, and rules are being drafted to phase out the older rolling stock, the agency said in November, declining the groups’ request for an emergency ban.

That response fails to consider the risks posed by the cars, including “past findings that the surge in crude-by-rail shipments of Bakken crude in dangerous tank cars poses imminent hazards and emergency unsafe conditions,” according to the complaint, filed today in federal appeals court in San Francisco.

The rail vessels in question are older models, collectively referred to as DOT-111 tank cars, that lack safeguards needed to improve crashworthiness, according the environmentalists’ original request for a ban, filed in July.

Oil from the Bakken shale region of North Dakota tends to be more volatile and flammable than other crude, according to a Transportation Department study released in July.

Production of Bakken crude is soaring beyond the capacity of pipelines, leading to an increased use of trains.

The Sierra Club and ForestEthics joined Earthjustice in the lawsuit.

The case is Sierra Club v. U.S. Department of Transportation, 14-73682, U.S. Court of Appeals for the Ninth Circuit, (San Francisco).

NY Gov. Cuomo accuses federal officials of moving “unacceptably slow” on proposed rules

Repost from RecordOnline, Middletown, NY

Cuomo: Feds need to address crude-oil shipments by rail

By Leonard Sparks, Dec. 1, 2014

ALBANY – New York Gov. Andrew Cuomo called on the federal government to tighten rules governing crude-oil shipments by rail as the state released a report Monday documenting actions to protect Hudson River communities from derailment-related spills and explosions.

State rail inspectors uncovered more than 700 track and equipment defects and 12 hazardous material violations during seven inspection “blitzes” this year, according to the report, which documents New York’s progress in implementing 12 recommendations to improve safety.

Cuomo’s administration accuses federal officials of moving “unacceptably slow” on proposed rules to make crude shipments safer, including a proposal to phase-out the DOT-111 rail cars that many consider unfit for shipping oil.

“Over the past six months, our administration has taken swift and decisive action to increase the state’s preparedness and better protect New Yorkers from the possibility of a crude oil disaster,” Cuomo said. “Now it is time for our federal partners to do the same.”

Hydraulic fracturing has fueled a surge in U.S. oil production and the use of trains to carry highly flammable crude from the Bakken shale fields in North Dakota to Albany’s port. From there it is shipped by rail and water down the Hudson River valley.

On July 6, 2013, a train derailed at Lac-Megantic, a town in Quebec, Canada. Oil leaked from the train’s DOT-111 cars and ignited, causing explosions and the deaths of 47 people.

In February, a freight train pulling empty oil cars derailed in the Town of Ulster. Supervisor Jim Quigley said he has been vocal about upgrading the tank cars.

New York added five safety inspectors, began training local emergency responders and started the process of updating spill-response plans as part of a multipronged strategy to protect communities along shipment routes.

Last month, the state urged the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration to “expeditiously” remove DOT-111 cars from service or require they be retrofitted to carry oil.

Sen. Charles Schumer described the cars as “ticking time bombs.”

“I am pushing DOT to commit to the strongest of these regulations as soon as possible,” he said. “We can’t afford any delay.”

Map shows 100 schools along crude oil train tracks

Repost from WestfairOnline, White Plains, NY

Map shows 100 schools along crude oil train tracks

By: Mark Lungariello, December 01, 2014

On July 6, 2013, a train hauling more than 70 cars filled with volatile crude oil derailed in Quebec, Canada, after its engine caught fire and power to its air brakes was cut. Several DOT-111 oil tankers filled with crude mined from South Dakota’s Bakken Shale ignited, spilling oil and sending a fireball into the sky of the town of Lac-Mégantic that destroyed 30 buildings, according to reports.

Forty-seven people died. Several thousand more were evacuated while oil seeped into the soil and local waterways. The Quebec derailment and several other disasters have brought increased scrutiny on the transportation of crude oil by rail as the amount of oil mined domestically continues to multiply.

A map of schools in the Hudson Valley within a mile of crude oil train lines. (Click to go to interactive map page.)
A map of schools in the Hudson Valley within a mile of crude oil train lines. (Click to go to interactive map page.)

New maps from state environmental groups show there are more than 100 public and private K-12 schools within a mile of train lines used to transport crude oil through the region. Albany-based Healthy School Networks released the maps last month in partnership with a coalition of environmental and education activists.

“They are crossing from Buffalo through Rochester and from the upper reaches of Lake Champlain and the Adirondacks to the Port of Albany, then down along the Hudson River,” Claire Barnett, executive director of Healthy Schools Network, said. “A catastrophic event, should it happen near an occupied school, could devastate a community for a generation or more.”

From 15 to 30 trains carrying crude out of South Dakota travel through the Hudson Valley region each week. Each train can haul dozens or as many as 100 oil cars, each that carry tens of thousands of gallons of the Bakken crude, which experts say is more volatile and unstable than other forms of oil. Oil is also transported by barge on waterways through the region and plans are in the gestation phase to begin transporting other types of crude through the area by rail as well.

The maps also included BOCES schools. Statewide, the maps identified 351 schools within one mile of train lines. In Monroe County alone, in the Rochester area, 63 schools were within the one-mile zone.

Environmental group Riverkeeper prepared an additional several maps depicting the potential impact area of local crude oil accidents based on the 300-yard blast radius and 1,100-yard evacuation zone from the Quebec derailment and a Casselton, N.D., derailment that spilled more than 400,000 gallons of crude.

“Based on the human consequences of these two accidents, it is clear that communities on both sides of the Hudson River could be impacted by a crude oil rail disaster,” said Kate Hudson, Riverkeeper’s Watershed Program director.

A CSX Corp. rail line runs from Albany to the state’s border with New Jersey. Land trust organization Scenic Hudson said that 47.7 miles of that track are within yards of the Hudson River. The group estimates the risk area in the event of a derailment would be more than 200,000 acres and include 100,000 households and six drinking water intakes.

The U.S. Department of Transportation Emergency Response Guidebook recommends a half-mile evacuation zone for accidents involving rail cars with flammable liquids and a mile zone around any rail car filled with those materials if they are on fire.

Environmental groups are calling for state and federal government reforms. These include asking government officials to provide emergency planning aid to schools, reduce speed limits for crude oil trains and impose stricter regulations and inspections for deteriorating DOT-111 tankers. The U.S. Department of Transportation is considering stricter regulations of the cars, but environmental groups have said the proposed laws don’t go far enough.

The state has increased its inspection of cars in response to recent derailments, but oil industry experts look to continue to expand their processing capacities as the amount of crude mined through hydraulic fracturing surges. The amount of Bakken moving through the U.S. has risen from 9,500 rail carloads in 2008 to 415,000 rail carloads in 2013, according to the Department of Transportation.

MAP: crude by rail incidents in more than 250 municipalities over the last four years

Repost from ProPublica

Gov’t Data Sharpens Focus on Crude-Oil Train Routes

A ProPublica analysis of federal government data adds new details to what’s known about the routes taken by trains carrying crude oil. Local governments are often unaware of the potential dangers they face.
By Isaiah Thompson, special to ProPublica, Nov. 25, 2014
CasseltonND
A crude-bearing train derailed and exploded in Casselton, N.D., in December 2013, prompting the evacuation of most of the town’s 2,300 residents. (Bruce Crummy, File/AP Photo)

The oil boom underway in North Dakota has delivered jobs to local economies and helped bring the United States to the brink of being a net energy exporter for the first time in generations.

But moving that oil to the few refineries with the capacity to process it is presenting a new danger to towns and cities nationwide — a danger many appear only dimly aware of and are ill-equipped to handle.

Much of North Dakota’s oil is being transported by rail, rather than through pipelines, which are the safest way to move crude. Tank carloads of crude are up 50 percent this year from last. Using rail networks has saved the oil and gas industry the time and capital it takes to build new pipelines, but the trade-off is greater risk: Researchers estimates that trains are three and a half times as likely as pipelines to suffer safety lapses.

Indeed, since 2012, when petroleum crude oil first began moving by rail in large quantities, there have been eight major accidents involving trains carrying crude in North America. In the worst of these incidents, in July, 2013, a train derailed at Lac-Mégantic, Quebec and exploded, killing 47 and burning down a quarter of the town. Six months later, another crude-bearing train derailed and exploded in Casselton, North Dakota, prompting the evacuation of most of the town’s 2,300 residents.

In those and other cases, local emergency responders were overwhelmed by the conflagrations resulting from these accidents. Residents often had no idea that such a dangerous cargo, and in such volume, was being transported through their towns.

Out of the disasters came a scramble for information. News outlets around the country began reporting the history of problems associated with the DOT-111 railroad tank cars carrying virtually all of the crude.

Local officials, environmental groups, and concerned citizens began to ask what routes these trains were taking and whether the towns in their paths were ready should an accident occur.

In July, the U.S. Dept. of Transportation ordered railroads to disclose route information to state emergency management officials. Railroads had fought hard to keep this information private, citing security concerns. Even after federal regulators required more disclosure, railroads pressured many state governments to withhold their reports from the public. Some have come out, often as a result of public records requests by news organizations: The Associated Press has obtained disclosures in several states initially unwilling to release them.

Map: Where Do Trains Carry Crude Oil?

Our interactive map uses federal government data to show where safety incidents on trains were reported, where each train began its journey, and where it was ultimately headed. Explore the app »

(Yue Qiu, Eric Sagara and Lena Groeger, ProPublica, and Isaiah Thompson, special to ProPublica)

Still, those disclosures offer scant detail, often consisting of little more than a list of counties through which crude oil is passing, without further specifics.
There have been attempts to fill in the blanks. KQED in Northern California, for example, combined the information disclosed in federal route reports with maps of the major railroads to show where trains carrying crude passed through California. The environmental group Oil Change International superimposed major refineries and other facilities that handle crude oil onto a national railroad map.

A ProPublica analysis of data from the federal Pipeline and Hazardous Materials Safety Administration adds new details by plotting out where trains carrying crude have experienced safety incidents, most of them minor. The data shows such incidents in more than 250 municipalities over the last four years. We’ve used the data to create an interactive map showing where safety incidents on trains were reported, where each train began its journey, and where it was ultimately headed.

The data also shows that factors that contributed to major, or even catastrophic, accidents have also been present in hundreds of minor ones: outdated tank car models; component failures; and missing, damaged and loose parts.

Bit by bit, a more realistic notion of where the dangers of crude-bearing trains are most substantial is emerging.

“Frankly, the [previous] disclosures weren’t of that much use,” says Kelly Huston, a spokesman for the California Governor’s Office of Emergency Services, one of the first state agencies to make those disclosures available for anyone on its website. When it comes to a detailed picture of where crude is moving, Huston says, “The expectation of the public is very far from the reality of what we’re actually getting.”

The hazardous materials data reviewed by ProPublica adds to that picture.

Only a handful of places around the country have the refinery capacity and infrastructure necessary to handle the massive amounts of oil being extracted from North Dakota’s Bakken Shale: Bakersfield, Carson, and Long Beach in California; St. James, Lake Charles, Lacassine in coastal Louisiana; Philadelphia, Paulsboro, New Jersey. Delaware City, Delaware in the Mid-Atlantic.

These cities have become the terminuses for “unit trains” carrying up to 100 tank cars, each containing as much as 30,000 gallons of crude oil. These endpoints also have shaped the paths along which crude-bearing trains now cross hundreds of communities, many of which have never seen such traffic. Tracks all but abandoned for years have sprung back to life on account of the oil boom.

The vulnerabilities of the DOT-111 tank cars in which much of the oil is moved are well known by now. For decades, federal officials have cited concerns over their relatively thin shells, which are prone to puncturing or rupturing in an accident and releasing the hazardous material inside. They also have other components prone to damage, including protruding fittings often left unprotected, and hinged lids held on by bolts that have a history of coming loose, especially if not properly tightened by the original shipper.

Firefighters douse blazes after the oil-train derailment in Lac-Megantic in Canada. (FranÁois Laplante-Delagrave/AFP/Getty Images)

When a tank car full of oil ruptures, the consequences can be dire. At a panel held by the National Transportation Safety Board in April, one technical expert with the agency described a “fireball release,” in which “the entire content of the tank car, up to 30,000 gallons, is instantly released, along with the potential for rocketing car parts.” When one tank car ignites, the heat can set off a chain reaction, causing other cars to explode as well.

In most cases, the tanks cars used to transport crude are supplied by railroad shipping companies, not railroads themselves. Railroads have typically pushed for more stringent safety requirements since they have to move the cars. Shipping companies and oil producers have pushed back against stricter proposals.

In 2011, as the crude-by-rail industry was ramping up and federal regulators were preparing to introduce new rules, industry groups adopted voluntary safety modifications to add thicker shells and other protections to new tank cars. But roughly 85 percent of the fleet currently carrying flammable liquids still consists of the older models. And while PHMSA is expected to issue rules requiring safer tank cars, railroads will have years to phase in the upgrades and it’s not yet clear to what extent they will be required to retrofit existing cars.

For most local fire departments, a blaze involving even a single tank car, let alone many, would be too much to handle, emergency response officials acknowledge.

“[Most] fire departments don’t have the capacity to deal with more than a standard gasoline tank [fire], which is about 9,000 or 10,000 gallons of fuel,” said Richard Edinger, vice chairman of the International Association of Fire Chief’s hazardous materials committee. “Well, one DOT-111 car holds about 30,000 gallons — that pretty much exceeds our capacity.”

Complicating matters, many towns don’t even know that trains carrying crude oil are passing through.

Along the journey south from North Dakota, for example, many trains now make a stop in the tiny town of El Dorado, Arkansas, population 18,500, bound for a refinery that recently added capacity to accommodate Bakken crude. The PHMSA hazmat data includes more than a dozen leaks found on trains headed for the town.

Yet Union County Emergency Management Services deputy director Bobby Braswell, a former Chief Deputy for the El Dorado Fire Department, was unaware of the new crude traffic and its potential risks.

“We’ve got a little old railroad here, but if they transport crude, I don’t know,” said Braswell in an interview. If state emergency management officials have a plan to respond to oil train derailments, they haven’t shared it with El Dorado yet: “I don’t remember anybody calling about crude,” Braswell said.

Along the trains’ route to the Mid-Atlantic, according to PHMSA’s hazmat data, is Mineral City, Ohio, where Tuscarawas county emergency services director Patty Levengood said she didn’t know whether fire departments in her jurisdiction had been trained or otherwise advised on the new oil traffic. Such planning was “pretty much left to the individual chiefs,” she said.

Other responders said they are acutely aware of the new risks facing their towns, and some expressed alarm. Asked whether his fire department had the capacity to handle a single tank car fire, Duane Hart, fire chief for Juniata County, Pennsylvania, answered with an emphatic “I know we don’t!” Crude trains now pass through Port Royal, a town of 925 in Juniata County for which Hart’s department provides services.

In many circumstances, all local responders would be able to do in the event of a large tank car fire is simply let it burn, experts say. At the recent NTSB rail safety panel, Gregory Noll, a chairperson for the hazardous materials committee of the National Fire Protection Association, summarized the situation bluntly.

“There’s very little that we as a responder are going to do,” he said, “other than… to isolate the area, remove people from the problem, and allow the incident to go its natural course until it essentially burns down to a level where we can extinguish it.”

But that approach would still involve tremendous damage in the many densely populated areas through which crude is now moving by rail, officials acknowledge.

“The standard evacuation is typically a half-mile,” said Jeff Simpson, a 30-year firefighter who lives in North Virginia and teaches a course called “Training for Railroad Emergencies.”

“But if you’re in the middle of a big city, the footprint is going to be much bigger.”

The Pittsburgh-based nonprofit news organization PublicSource reported in August that up to 40 percent of that city’s roughly 300,000 residents live within the potential evacuation zone of trains carrying crude through the city.

Another Pennsylvania metropolis, Philadelphia, has become one of the biggest destinations in the U.S. for Bakken crude thanks to newly retrofitted refineries and a brand new rail unloading facility opened just two years ago.

The city appears frequently in hazmat reports: In at least 65 cases over the last two years, tank cars bound for or arriving in Philadelphia were found to have loose, leaking or missing safety components. These parts are meant to prevent flammable contents from escaping in the event of an accident.

There was a more serious incident last January, when a train full of oil derailed a few miles from the city’s downtown. Luckily, no one was injured. The train was soon righted and the railroad made repairs, assuring city officials that the danger had passed.

But even after the derailment, Philadelphia “has not issued new plans, directives, or protocols in response to the increase of crude oil shipments,” wrote city director of Emergency Management Samantha Phillips in an email to ProPublica.

The Philadelphia County Local Emergency Planning Committee “has not been active on the transportation of Bakken crude oil,” Phillips added.

The agency’s website contains no emergency information specific to a fire involving crude oil, or any other hazardous substance, other than a video featuring ” Wally Wise-Guy, the Shelter in Place Turtle.”

The video advises that “in the event of a hazardous materials emergency … do what Wally Wise Guy does — go inside.”