Tag Archives: DOT-111

KTVU News: Safety concerns over trains carrying volatile crude oil to Bay Area

Repost from KTVU 2 News, Oakland, CA
[Editor: an excellent investigative report, much of which was filmed here in Benicia.  Apologies for the video’s commercial ad.  – RS]

 2 Investigates: Safety concerns over trains carrying volatile crude oil to Bay Area

By Simone Aponte, Nov 17, 2014

RICHMOND, Calif. – California used to receive all of its crude oil imports by ship and pipeline, but trains loaded with tanker cars full of oil are rolling through Bay Area neighborhoods with increasing frequency. And it’s a growing safety concern among experts who say rail imports will become much more common in the next few years, bringing millions of gallons of crude to local refineries.  Much of that crude is a more volatile type of oil that has been linked to multiple derailments, fires, and deadly accidents.

2 Investigates followed trains rolling through neighborhoods in Richmond carrying millions of gallons of crude oil, in tanker cars that have been deemed unsafe by the federal government. And the railroad is not required to tell local officials how many of those cars are carrying a more volatile oil from the Bakken shale formation, which stretches from North Dakota and Montana into Canada.

The transport of Bakken crude by rail has been at the center of federal investigations and calls for increased safety standards. It’s delivered to the Kinder Morgan rail yard in Richmond, but local officials complain that they receive no notification of which trains are carrying Bakken crude.

Increased deliveries and increased danger

“These are trains that have up to 100 tank cars and those are filled with Bakken crude,” said Kelly Huston, Deputy Director with the Governor’s Office of Emergency Services (OES). “That’s an entire train full of a much more volatile type of crude oil than we typically see on rail.”

In January, the U.S. Department of Transportation issued a warning that Bakken’s light, sweet crude oil is prone to ignite at a lower temperature than traditional crude oils. Experts say lighter crudes contain more natural gas, and the vapors given off by the oil can ignite at much lower temperatures.

But the oil industry pushed back with its own study that disputed the government warning. The North Dakota Petroleum Council, which represents more than 500 oil companies operating in North Dakota and Montana, commissioned a $400,000 study of Bakken crude. It determined the oil’s characteristics are within the safety margin for the current fleet of rail tankers.

However, the state’s Rail Safety Working Group –convened by the Governor’s Office of Emergency Services (OES) – wasn’t convinced. It released a report that warns about the dangers of increasing the shipments of Bakken crude to California refineries. The report points to at least eight major train accidents involving Bakken crude trains in 2013 and 2014 alone.

Smoke rises from railway cars carrying crude oil after derailing in downtown Lac-Mégantic, Quebec, in 2013. Credit: Paul Chiasson / The Canadian Press / AP“Incidents involving crude oil from the Bakken shale formation have been particularly devastating,” the authors warn.

Some of the most notable accidents include a derailment in Lac-Mégantic, Quebec on July 6, 2013. Sixty-three tank cars of crude oil exploded, killing 42 people. Five other people were also presumed to be dead, but were never recovered.

In 2012, about one million barrels of crude oil were delivered to California by rail. But by 2013 that number had jumped to about 6.3 million barrels.  The California Energy Commission estimates that volume could increase by up to 150 million barrels, or 25% of total crude imports, by 2016.

According to the California Public Utilities Commission (CPUC), the primary source of the crude oil coming into California was from North Dakota, in early 2013. But by the end of that year, the state was receiving a dramatic increase in imports from Canada.

Old tanker cars

For more than twenty years, the federal government has been aware of major flaws in one of the most common tanker car designs used to transport crude oil across America.

According to a 1991 safety study from the National Transportation Safety Board (NTSB), the DOT-111 tanker has a steel shell that is too thin to resist puncture during an accident, is vulnerable to tearing, and has exposed fittings and valves that can easily snap off during a rollover.

Torn DOT-111 Tanker Car And DOT-111s make up nearly 70 percent of oil tanker cars currently in use in the U.S., according to the NTSB. Critics say that shipping volatile Bakken crude in these tankers poses an “unacceptable risk” to public safety.

In his Congressional testimony in February, NTSB board member Robert L. Sumwalt cited multiple train accidents and derailments involving Bakken crude transported in DOT-111 tanker cars.

“The NTSB continues to find that accidents involving the rupture of DOT-111 tank cars carrying hazardous materials often have violent and destructive results,” Sumwalt said.

“Federal requirements simply have not kept pace with evolving demands placed on the railroad industry and evolving technology and knowledge about hazardous materials and accidents.”

This past summer, the DOT announced that it would propose stricter rules for transporting flammable materials by rail car, including Bakken crude. The plan calls for DOT-111 tanker cars to be phased out, unless they can be retrofitted to meet the new standards.

Last month, Jack Gerard, president of the American Petroleum Institute, said that his group and the Association of American Railroads would jointly ask the DOT for six to 12 months for rail tank car manufacturers to prepare to overhaul tens of thousands of cars, and another three years to retrofit older cars.

But critics say the government’s plan doesn’t act swiftly enough.
Devora Ancel, a staff attorney with the Sierra Club, said the group has multiple concerns about Bakken crude trains coming into California, in particular in regards to the age of DOT-111 fleet.

“It is extremely alarming and the public should be concerned,” said Ancel. “It’s being carried in rail cars that are unsafe. They were designed in the 1960’s. They were not meant to transport highly volatile crude.”

The Sierra Club and Earthjustice submitted a petition to the DOT seeking an emergency order to ban the transportation of Bakken crude in DOT-111 tank cars. The petition acknowledges that the DOT’s proposal for stricter rules is a step in the right direction, but stresses that two years is too long to phase out the DOT-111 cars.

“The last few years have witnessed a surge in shipments of highly flammable crude from the Bakken region, mostly in unit trains with dozens and often more than 100 tank cars carrying explosive cargo. The growth in the number and length of trains carrying crude oil is staggering,” the petition said.

Modified DOT-111 Tanker Car in RichmondTwo trainloads of Bakken crude roll into the Richmond Rail Terminal every month, according to the city’s fire department. But the fire officials tells KTVU that they’ve been reassured by Kinder-Morgan that the DOT-111 tank cars that make deliveries to Richmond have undergone additional safety modifications. Every individual tanker car carries more than 28,000 gallons of crude oil.

Tracking routes

Trains entering the Bay Area carrying crude oil from Canada and North Dakota must pass through parts of California that are considered hazardous routes, according to Huston.  In the California Public Utilities Commission’s (CPUC) annual railroad safety report, released in July, the agency said California has had 58 train derailments in the last five years, and primary cause has been a problem with the track at so-called “hazard sites.”

MAP: Rain Lines and Hazardous Areas in California

The state’s OES report on rail safety also voiced concerns about risky routes being used to transport Bakken crude.  The Rail Safety Working Group complained that crude oil rail transportation is not regulated adequately.

The report states that crude oil is “not transported with the level of protection mandated for the degree of hazard posed,” and also stressed there are “inadequacies in route planning to avoid population centers and environmentally sensitive areas, and a need for auditing rail carriers to ensure adequate response.”

One of OES’s biggest concerns is that it receives very little information about the Bakken crude trains’ schedules, and none of the data it does receive is in real time.

“Just like you would know where an Amtrak train is and whether is late to a station or not,” said Huston. “We should be able to know that about volatile substances like Bakken crude coming across our rail lines.”

Emergency response

The growing worries over the volatility of Bakken crude are particularly important for firefighters and other emergency responders who have to deal with derailments and possible fires.
According to the OES, the biggest areas of concern lie in the rural areas of Northern California, where emergency response crews are far from remote rail lines and wouldn’t be able to respond to a spill or fire quickly.

The OES report states that while there are emergency crews prepared to handle a crude tanker disaster in urban areas, “none are located near the high hazard areas in rural Northern California.” And HazMat teams that are located in more remote regions “are equipped to perform only in a support rather than lead role during a major chemical or oil incident.”

“If you get one of those trains derail and that stuff goes into the river that could affect an entire population’s water supply, which is, in some cases, worse than having a derailment in a population center,” said Huston.

Valero-Benicia refinery firefighters simulate a leak on an oil tanker car and practice using foam to quell the vapors.Last month, the Valero-Benicia refinery Fire Chief Joe Bateman led a training session with local fire departments that focused on tanker car fires. They simulated a leak on an oil tanker car and practiced using foam to quell the vapors. A small group of Richmond firefighters will attend a similar training in December, according to the Richmond Fire Marshall.

The Valero-Benicia refinery is seeking a permit to bring in crude-by-rail shipments. They would join Richmond and a planned refinery in San Luis Obispo that would also be supplied with crude carried by train through the Bay Area.

But the idea is meeting resistance from worried neighbors.
Benicia’s city council must decide whether to approve a draft environmental impact report on the proposal. The $70 million terminal would receive two 50-car trainloads, carrying a total of about 70,000 barrels of crude oil, every day. The company has said that it will use newer tanker cars instead of the aging DOT-111s that have been involved in past accidents.

Chief Bateman insists that his crews are prepared if the worst should happen with a trainload of Bakken crude traveling through the Bay Area.

“I understand that it’s a big increase. I understand the public is concerned by that,” Chief Bateman said. “If you look at some of the other rail cars that are already on the tracks today… we’ve been shipping commodities for a long time.” Bateman points out that some of those other substances are more volatile than crude oil, such as liquefied petroleum gas.

Placard 1267 Signifies Crude OilWhen first responders arrive at chaotic train accident scene, all the black tanker cars essentially look the same. The contents are distinguished by a red, diamond-shaped placard on the side of the car that displays a four-digit code. The code for crude is 1267, but there is no way for emergency crews to tell if the oil inside is the volatile Bakken variety.

In April, Canada banned the older tanker cars and ordered the controversial design be phased out within three years. Last month, another train carrying crude oil derailed in Saskatchewan, involving the same kind of rail cars. There were no casualties in that accident.

Des Moines, Iowa: Action must be taken to reduce the hazards from railroad shipments of Bakken oil

Repost from The Des Moines Register

Action must be taken to reduce the hazards from railroad shipments of Bakken oil

By Carolyn Heising, November 15, 2014
Train3.jpg
(Photo: CANADIAN PRESS )

Now is the time to ask: Is the growing practice of using trains to carry highly-flammable crude oil from North Dakota’s Bakken shale field through communities in Iowa safe and even necessary?

Is it free of the hazards that led to the railroad accident in Quebec last year that killed 47 people and destroyed half of the town of Lac-Megantic? Or is it adding to the stress on the rail system?

Iowa is one of a number of states that have become a corridor for the shipment of Bakken crude over the past three years. Canadian Pacific Railway ships heavy loads of oil south through five eastern Iowa counties. BNSF Railway ships crude through four western Iowa counties. The oil is transported to refineries on the Gulf Coast or to pipeline connections.

No question about it, U.S. oil production is booming. The shale revolution is the dominant economic and geopolitical event of the past decade. Its effects have been transformative.

The United States is on the verge of becoming the world’s leading oil producer. OPEC is no longer the threat it once was. The growth in the U.S. energy industry has more than doubled in the past 10 years and is now worth about $1.2 trillion in gross product each year, contributing about 30 percent of the job growth for the nation, according to a study by the Perryman Group.

And the oil boom is likely to continue unless a catastrophic event brings it to a halt.

One reason environmental groups seem relatively calm about railroad shipment of crude oil is that they know what a minor event it is amid the chaos of fossil-fuel production and the dangerous and destabilizing chaos of climate change. A big part of the problem is the paradoxically positive economic effect of shale-oil production, which is loading the atmosphere with an enormous amount of global-warming carbon dioxide and methane.

What’s the answer?

Long-term we need to reduce the amount of oil we use in transportation by shifting to electric cars with batteries powered by renewable energy sources and nuclear power. Right now, action must be taken to reduce the hazards from railroad shipments of Bakken oil, which is much more flammable than conventional crude oil.

Freight railroads have gone from being a relic of the past to being a key mode of transport for oil supplies. Currently about two-thirds of North Dakota’s Bakken oil production is transported by rail. And more than 10 percent of the nation’s total oil production travels by rail.

In the last quarter of 2013, more than 71 million barrels of crude oil were shipped by rail, more than 10 times the volume of oil shipped in 2008. Over the past six months, there have been at least 10 large crude oil spills in the United States and Canada because of railroad accidents.

The U.S. Department of Transportation has responded by proposing speed limits along with a system for classifying the oil and new safety design standards for rail tanker cars.

The railroads say there have been relatively few rail accidents and not much loss of oil, considering the huge quantities of oil being shipped around the country. However, oil companies — which own the oil rail cars — are shipping much of the crude in outdated tank cars called DOT-111s that are vulnerable to puncture in a derailment.

The trains have captured the attention of local emergency responders by the amount of oil they carry — 100-plus tanker cars carrying up to 30,000 gallons of highly flammable fuel are not uncommon. In New Jersey, a key rail route, the trains pass within a few feet of homes and schools in highly populated areas.

Those who believe that slower train speeds alone are the answer should think again. A train hauling Bakken crude derailed in downtown Lynchburg, Va., a bustling city of 75,000 people. Three tanker cars tumbled into the James River. One of the tanker cars ruptured, spilling 30,000 gallons of crude.

Fortunately, no one was killed or injured. But local fire officials, who are accustomed to dealing with oil accidents on a much smaller scale, said the train was traveling within the speed limit. After the Quebec disaster, major rail companies agreed to reduce the maximum speed of oil trains to 40 miles per hour when they are within 10 miles of a major city. Lynchburg set its own speed limit of 25 mph. The train was going slower than 25 mph when it derailed.

Because a lot is riding on rail safety, oil companies should consider what other industries that use trains to haul hazardous cargoes have done to prevent accidents. For example, the nuclear industry uses specially-built freight cars to transport used nuclear-fuel assemblies from one nuclear plant to another. Since the 1960s, there have been thousands of trips involving the rail transport of nuclear waste in the United States, without a single serious accident.

That’s a stellar safety record which bodes well for the rail shipment of nuclear waste to a deep-geologic repository — and nuclear power’s increased use for electricity production.

Admittedly, the number of oil trains and the amount of hazardous cargo they carry is far greater than it is for nuclear companies and most other industries. But if oil companies continue to use puncture-prone tanker cars to haul highly-flammable Bakken crude in 100-car trains traveling at dangerous speeds, the ultimate consequences could be dire, and we will wind up asking ourselves why something more wasn’t done to prevent it.

THE AUTHOR:
CAROLYN D. HEISING, Ph.D., is a professor of industrial, mechanical and nuclear engineering at Iowa State University. Contact: cheising@iastate.edu.

 

Restoring old oil tank cars – an entrepreneur explains

Repost from The Hutchison News
[Editor: An interesting insider look at the process of restoring aging DOT-111 tank cars.  Also interesting numbers on existing cars and the call for increased numbers of restored cars.  – RS]

Oil boom spurs need to restore rail cars

By John Green, November 1, 2014

oil tank carsWhen introducing a new business venture planned for Hutchinson by his company last week, Adam Mervis of Mervis Industries thanked his father and brother:

“For not throwing me out of the room when I told them we’d spend a heck of a lot of money to do something where it’s never been done – and something that’s never been done.”

The Illinois-based, family-owned scrap metal and recycling company plans to build a $35 million plant on 100 acres in the Kansas Enterprise Industrial Park to refurbish rail cars.

The focus will be tank cars designed to carry crude oil and other combustible liquids. The company projects employing 150 people within three years of opening.

The demand for the business, Mervis and his future Hutchinson plant manager Larry Culligan explained, is propelled by several factors.

Oil boom

First, the expansion of oil exploration and recovery in non-traditional fields in the U.S., thanks primarily to hydraulic fracturing, also called fracking.

U.S. oil production jumped from 5.0 million barrels per day in 2008 to 7.4 million last year, and is expected to average 8.5 million this year and 9.3 million next year, according to the U.S. Energy Information Administration. Current U.S. production is the highest in nearly a quarter-century and more than a million barrels a day higher than it was only a year ago, the EIA reported.

Existing oil pipelines are inadequate to move all that new oil to markets, both in terms of volume and location. While there are about 57,000 miles of crude oil pipeline in the U.S., there are nearly 140,000 miles of railroad.

So, there’s been a massive increase in shipping by rail.

U.S. railroads, which carried just 9,500 carloads of crude in 2009, shipped an estimated 434,000 tanker loads in 2013, roughly equivalent to 300 million barrels of oil. A May study by Congressional Research Service forecast 650,000 carloads of crude oil would to be carried by rail this year.

But the increase in transport by rail has also resulted in a significant increase in accidents involving crude oil shipment.

The most famous was a July 5, 2013, accident in Lac Mégantic, Quebec, where a trainload of oil parked on a shortline track came lose and rolled downgrade into a Canadian community, where it derailed and caught fire, killing 47 people and destroying much of the town’s center.

There have been a half dozen other accidents in the U.S. and several others in Canada over just the last two years, including a December 2013 derailment near Casselton, North Dakota, that spilled of more than 400,000 gallons of crude oil, sparked a huge fire and forced evacuation of nearby residents.

Changing standards

The tank cars that derailed at Lac Mégantic and Casselton were built before October 2011, the year the Association of American Railroads (AAR) mandated new safety enhancements to tankers – known in the industry as DOT-111 cars – which carry oil and ethanol.

The older cars lacked puncture-resistant steel jackets, thermal insulation, and heavy steel shields at each end of the car to keep couplers from punching through in a crash. They also have less secure valves on top and bottom of the cars, which might open or get ripped off in a derailment.

In July, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) proposed rules that, if finalized by Congress, will require tank owners to retrofit older cars to the AAR standards or remove them from the rails by October 2017. That same month Canadian regulators mandated DOT-111 tank cars built before 2014 be retrofitted or phased out by May 2017.

The industry is seeking an extension of that deadline out to at least seven years, Mervis said.

At present, there are about 92,000 DOT-111 tank cars used to transport combustible liquids of which only 14,000, or about 15 percent, were built after October 2011 and thus compliant with the latest standards.

Officials estimate the cost to retrofit the cars at $20,000 to $40,000 each.

Besides oil, there’s also been a surge in demand for plastic pellet and fertilizer cars, Mervis noted, thanks to low natural gas prices, as well as constant growth in demand for food grade cars, for shipping corn syrup, vegetable oil and molasses.

There are a half dozen tank car builders in the U.S., but recent estimates show there are more than 55,300 cars on backlog just to meet the growing car demand. With builder capacity of some 30,000 cars per year, the backlog will take close to two years to fill.

At Mervis Railcar, they plan to retrofit DOT 111s to meet the proposed requirements, to convert them for other non-hazardous uses, or destroy and recycle them, Mervis said.

Major customers, Mervis said, will include Exxon, Union Oil and ADM, as well as railroads themselves.

Besides cars that will need retrofits, all tank cars – there are about 171,000 DOT-111 cars in the North American fleet – must get a complete, top-to-bottom inspection every 10 years, Mervis said.

There’s a push by regulators, he said, to cut that to five years.

Either way, inspections will also be a big part of their business.

Plant layout

A preliminary layout of the plant includes four major buildings with combined floor space of more than 224,000 square feet and some 6 miles of rail line.

The first step in the process, Mervis said, will be to clean the cars.

“We’re not going to take any that held chlorine or any other thing that will kill you,” Mervis said. “Because we don’t want or need to.”

Once cleaned, the cars will move to the eight-bay inspection shop, where workers will closely check all welds, seams and liners, and conduct other tests as required by the type of car, such as dye penetration tests, and magnetic, ultrasonic or radiographic scans to find cracks or structural deficiencies.

They must also determine the thickness of the tank car shells, heads and protective housings and estimate how long they’ll maintain sufficient thickness to stay in service, whether to install or replace internal linings, Mervis said, “or to cut them up.”

“Every employee will have some certification,” said Culligan, director of railcar operations for the new company. Those include welders, inspectors, even record keepers.

“The only ones that might not are shot blasting the interiors of the cars,” he said, though even they’ll have confined space training.

From inspection, the cars will be moved via a transfer table into a 32-bay mechanical shop, where they can be jacked up and put on stands to modify them, while the wheels are removed and sent elsewhere to be refinished.

They’ll remove all valves on the cars to rebuild and then test, Mervis said.

If converted to a food-grade tanker, they may have a plastic liner sprayed on the inside, and then be heated to set it.

The repaired or retrofitted cars will then go to a paint booth, which includes heaters that bake the entire car at set temperatures and times, depending on whether it’s interior or exterior paint.

Part of the deal for locating the plant here included purchase of the Hutchinson & Northern Railway, a switching and terminal service that connects to the UP and BNSF railways near the Hutchinson Salt mine.

The 3 miles of line include links to Hutchinson Salt, Midwest Iron, Irsik and Doll and the K&O Railroad. The purchase from Hutchinson Salt was necessary, Mervis said, to link to the two national carriers.

Besides the rail line, it included 23 acres of adjoining land, one locomotive engine and locomotive storage building. Mervis plans to rename the line the AD&A Railway, after his children, Alec, Devon and Audra, and name the engine after a nephew.

Federal authorities must still approve the transfer.

Timeline

They’ve started engineering work on the plant design, and groundwork will likely begin in February, but building construction won’t start until spring.

“The buildings will be all prefabricated steel, but what goes inside the buildings will be a little different,” Mervis said. “The person who sells the system (whether cleaning, paint, etc.) will be responsible for installing the equipment and making sure it works. We don’t have time to manage all that as it’s going on.”

A number of national firms lay rail and he expects them, as well as utilities, to use Kansas workers, Mervis said.

“Our goal is to get most of the track laid and the mechanic building open by early summer,” he said.

In the interim, they’ll also work with Hutchinson Community College and the Hutchinson High School to identify and develop training needed. They’ll do non-tank work, such as repairing hopper cars, while they build and certify the staff.

“You can’t just throw someone into welding tank cars,” Mervis said. “There’s a lot of FRA-required training,” including working a minimum 240 hours under “Level 2” supervision.

They expect to add the 150 jobs over three years, though if training, ramp up and demand can make that happen faster, it will, Culligan said.

Of the 150 jobs, 65 to 70 will be welders. Others will do valve testing and rebuilding, others cleaning, painting, sandblasting and even hanging decals on completed cars, Mervis said.

He’s confident the company, which promises “above market wages,” will find enough qualified workers in the region to make the plant work, based on the training available and the work ethic the region and community are renowned for.

“You don’t make this kind of investment to repair hoppers or gondolas,” Mervis said.

“Outside the box”

Mervis is the fourth generation of his family to run the 90-year-old business, which now has metal, plastic and electronics recycling centers in eight cities spread over two states and employs nearly 400 people.

He started there when he was 12, Mervis said, and is now company CEO and president. His dad, in his 80s, still comes to work every day. A brother and sister are also in the business.

“There was way too much capacity for scrap,” Mervis said of the decision to expand into this newest venture. “From ’05 to ’08 everyone decided to add capacity. When demand isn’t growing 6 percent a year, you have to think outside the box.”

They’ve worked with the rail industry for more than a decade, first recycling cars and then reconditioning railroad castings, including couplers, yokes and side frames – “everything beneath the body but the wheels” – so he decided to leverage those relationships, Mervis said.

He came up with the idea more than a year ago, but it was when he hired Culligan in June, Mervis said, he really “felt this dream – almost – come true.”

A graduate of Ohio State in aviation engineering, Culligan worked for McDonnell Douglas for a number of years before joining a rail care building and leasing company. He worked first at American Railcar Industries and then Union Tank Car. He became chief fleet engineer there, running its repair shop in Valdosta, Georgia, then moved to Chicago to oversee eight facilities for Union Tank.

He then moved to TTX Company, a railroad cooperative which owns the nations’ largest fleet of freight cars which it provides to stockholding railroads. That’s where Mervis met him through a mutual friend, and lured him away.

National Geographic series on Energy: New Oil Train Safety Rules Divide Rail Industry

Repost from The National Geographic

New Oil Train Safety Rules Divide Rail Industry

Many railroad companies want more time to retrofit cars in the U.S. and Canada, but some are forging ahead.
By Joe Eaton for National Geographic, October 31, 2014
Smoke rises from railway cars that were carrying crude oil after derailing in downtown Lac Megantic, Quebec, Canada, Saturday, July 6, 2013.
Smoke rises from railway cars that were carrying crude oil and derailed in downtown Lac-Megantic, Quebec, in 2013. Regulators in Canada and the United States have been working on new standards for trains that carry flammable fuel. – Photograph by Paul Chiasson, Associated Press

Three days after an oil train derailed and exploded in 2013 in Lac-Mégantic, Quebec, killing 47 people, Greg Saxton wandered through the disaster site inspecting tank cars.

For Saxton, the damage was personal. Some of the tank cars were built by Greenbrier, an Oregon-based manufacturer where he’s chief engineer. Almost every car that derailed was punctured, some in multiple places. Crude oil flowed from the gashes, fueling the flames, covering the ground, and running off into nearby waterways.

Each day, as Saxton returned to the disaster zone, he passed a Roman Catholic church. “We never came and went when there wasn’t a funeral going on,” he said.

In the wake of this and other recent accidents as energy production soars in North America, Canadian and U.S. regulators are proposing new safety rules for tank cars that carry oil, ethanol, and other flammable liquids. Saxton and Greenbrier have pushed for swift changes, but others in the industry are asking for more time to retrofit cars like the type that exploded at Lac-Mégantic. (See related stories: “Oil Train Derails in Lynchburg, Virginia” and “North Dakota Oil Train Fire Spotlights Risks of Transporting Crude“)

“If you don’t set an aggressive time line, you won’t see improvements as quickly as the current safety demands require,” Jack Isselmann, a Greenbrier spokesman, said. “We’ve been frankly just perplexed and confused by the resistance.”

Industry Pushes for More Time

The tank cars that derailed at Lac-Mégantic were built before October 2011, when the American Railway Association mandated safety enhancements to the oil and ethanol tankers known in the industry as DOT-111 cars. The cars lacked puncture-resistant steel jackets, thermal insulation, and heavy steel shields, all of which could have lessened the destruction, experts say.

In July, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) proposed rules that, if finalized, would require higher safety standards for new oil cars. The rules also require owners to retrofit older cars or remove them from the rails by October 2017.

Canadian regulators in July mandated that DOT-111 tank cars built before 2014 be retrofitted or phased out by May 2017. Transport Canada, which regulates rail safety, has also proposed aggressive safety standards for new tank cars and will seek industry comment this fall before finalizing its rules.

Saxton and others at Greenbrier support the proposed regulations, which could be tremendously lucrative to the company. However, others in the rail supply industry say the proposed retrofit time line cannot be met.

The Railway Supply Institute—a trade organization that represents the rail industry—has asked DOT to allow legacy cars in the oil and ethanol fleet to remain on the rails until 2020.

Thomas Simpson, the institute’s president, said a survey of rail maintenance and repair shops found that only 15,000 of the roughly 50,000 non-jacketed legacy tank cars in the crude oil and ethanol fleet can be modified by the proposed 2017 deadline.

For many cars, the retrofit process would include adding thermal protection systems, thick steel plates at the ends, and outer steel jackets, as well as reconfiguring the bottom outlet valve to ensure it does not break off and release oil during a derailment.

That’s too much work to complete before the deadline, and the regulations have not yet been finalized, Simpson said.

The proposed deadline, he said, will “idle cars waiting for shop capacity and adversely affect the movement of crude and ethanol.”

Tying in the Keystone XL Debate

The American Petroleum Institute, which represents the oil and natural gas industry, also says the 2017 deadline to retrofit tank cars is too aggressive and could slow oil and gas production. (See related story: “Blocked on Keystone XL, Oil-Sands Industry Looks East“)

In comments to U.S. regulators and the press, API tied the safety upgrades to approval of the proposed Keystone XL pipeline, which would transport Alberta’s tar sands oil through the Midwest to Texas refineries.

Workers stand before mangled tanker cars at the crash site of the train derailment and fire in Lac-Megantic, Quebec
The deadly oil train accident at Lac-Megantic, Quebec, raised awareness of the potential dangers of transporting crude by rail. – Photograph by Ryan Remiorz, Associated Press

If Keystone is not built, API president Jack Gerard said in September that the cost of the proposed oil tank rules would nearly double to $45 billion because demand for transporting crude by rail would be higher.  (See related story and map: “Keystone XL: 4 Animals and 3 Habitats in Its Path” and “Interactive Map: Mapping the Flow of Tar Sands Oil“)

Both API and the Rail Supply Institute have also warned regulators that a short time line for retrofitting oil cars could cause a spike in truck shipments of oil and ethanol.

But Anthony Swift, an attorney with the Natural Resources Defense Council, an environmental group opposed to Keystone XL, called these arguments misleading. Swift said Keystone XL would have little impact on retrofitting tank cars, because most train traffic from the Bakken oil fields in North Dakota moves to East Coast and West Coast refineries. He said that traffic would not be affected by the pipeline.

Keystone XL would have the capacity to carry 830,000 barrels of oil-sands crude a day, with up to 100,000 barrels a day set aside for crude from the Bakken. By 2016, the rail industry in Canada is expected to carry about as much oil as Keystone XL would. The U.S. rail industry is already there: Almost 760,000 barrels a day of crude had traveled by rail by August.

Swift said the costs to the oil industry are worthwhile if lives are saved. “The argument that we need to wait until the oil industry does not need tank cars until we can make them safe is ridiculous on its face,” he said.

Greenbrier Gears Up to Meet Demand

In February, Greenbrier introduced a beefed-up tanker with a 9/16-inch steel shell (1/8-inch thicker than many DOT-111 cars), 11-gauge steel jacket, removable bottom valve, and rollover protection for fittings along the top of the cars.

Greenbrier calls the tanker the “car of the future,” saying it’s eight times safer than the DOT-111. Isselmann said Greenbrier has received more than 3,000 orders for the new car and plans to double its manufacturing capacity by the end of the year.

In June, Greenbrier and Kansas rail-service company Watco joined forces to form GBW Railcar Services, creating the largest independent railcar repair-shop network in North America. Isselmann said the company plans to hire 400 workers and start second shifts at its factories to meet demand for retrofitting DOT-111 tank cars.

In comments to U.S. regulators, GBW said it currently has the capacity to retrofit more than 10 percent of the fleet of DOT-111 tank cars.

Isselmann said that number will grow as other companies take advantage of the market once regulators release final rules. For that reason, he said the industry’s current capacity to meet regulations is less important than its ability to ramp up quickly to capture the increased business that new safety standards could bring.

“This notion that the status quo is going to remain—it’s diversionary at best,” Isselmann said.

An oil tanker car at Lac-Megantic, Quebec
Almost every tanker in the Lac-Megantic accident was punctured. New standards would mandate stronger cars, among other measures. – Photograph by Ryan Remiorz, Associated Press

Some in the industry are responding to public concern before rules are finalized. In April, Irving Oil—the owner of Canada’s largest refinery, in Saint John, New Brunswick, where the Lac-Mégantic train was headed before the disaster—completed a voluntary conversion of its crude oil railcar fleet.

Also in April, Global Partners, one of the largest U.S. distributors of gasoline and other fuels, began requiring all crude oil unit trains making deliveries at its East and West Coast terminals to meet October 2011 safety standards for tank car design.

“As an industry, we have both an opportunity and a responsibility to maximize public confidence in the safety of the system that carries these products across the country,” Eric Slifka, Global Partners’ CEO, said in a press release.

A Push to Harmonize Regulations

As the U.S. and Canada consider train safety regulations, oil and rail companies are pushing to ensure that the same tank cars can be used to haul flammable liquids in both countries.

Regulators say they are working together to make that happen. Lauren Armstrong, a spokeswoman at Transport Canada, said the department is holding technical discussions on new tank car standards with the U.S. Department of Transportation and the Federal Railroad Administration.

However, coordinating tank car regulations between the two countries would have to overcome current gaps, industry representatives say.

In April, Transport Canada banned the use of the oldest and least crash-resistant DOT-111 tank cars, which lacked bottom reinforcement.  The U.S. so far has not banned the cars from carrying oil and ethanol.

Canada also set a 2017 deadline for retrofitting the cars. In the U.S., regulators are expected to release final rules by early 2015. The process, however, could continue much longer.

The strongest standards will carry the day, said Thomas Simpson, the president of the Railway Supply Institute. Given the large amount of oil that moves between the two countries, Simpson said it makes no business sense for companies to keep two different sets of cars to meet the two sets of rules.

Communities Concerned About Safety

But as final rules are being hammered out in the U.S., some train safety advocates and community groups worry they are being left out of the process.

Karen Darch, co-chair of TRAC, a coalition of Illinois communities concerned about train congestion and rail safety, said she is hopeful that final rules will include a fast deadline to retrofit old cars. (See related story: “Illinois Village Leads Charge for Tougher Train Rules“)

But she said rail and oil industry lobbyists have had much more access to policymakers than community advocates, and she’s concerned they will have a greater impact on final rules.

“The inside players, the guys in the industry,” she said, “they seem to be able to be in front of the decision-makers more than we have been.”

The story is part of a special series that explores energy issues. For more, visit The Great Energy Challenge.