Tag Archives: DOT-111

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.”

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.

Community right-to-know laws: what is in those “bomb trains”?

Repost from International Business Times

After Oil Train Accidents, US Communities Want To Know What’s Inside Rail Freight

By Meagan Clark  |  May 02 2014
North Dakota train explosion A plume of smoke rises behind a train near Casselton, N.D., Monday, Dec. 30, 2013. Reuters

When an oil train derailed and caught fire in Lynchburg, Virginia, on Wednesday afternoon, City Manager Kimball Payne was as surprised as any of the town’s 77,000 residents; he had no idea that crude oil was being moved through town on a regular basis.

The accident, in which three tank cars tumbled into the James River, spilling 20,000 to 25,000 gallons of crude, was just the latest in a series of fiery oil train accidents around the country, which have sparked debate about the safety of freight rail and raised concerns among residents often unaware of the oil, gas and chemicals being transported through their communities.

As crude-by-rail has increased across the country in recent years, increasing 443 percent nationwide between 2005 and 2012, accidents have been on the rise. In the past year, eight explosive accidents, some fatal, have rocked communities from Alabama to North Dakota. Last year, an accident in Quebec caused 47 deaths and the evacuation of more than 2,000 people.

Those accidents are prompting federal regulators to propose, as soon as next week, standards for rail tank cars carrying oil, announced Department of Transportation Secretary Anthony Foxx.

Community right-to-know laws dating from 1986 require facilities to disclose what hazardous chemicals are stored and used in a town, but the laws don’t extend to trains. By federal law, railroad and oil companies don’t have to disclose their exact freight contents or when and how much of their freight will pass through localities.

“Our community has a right to know what’s going on,” Bart Mihailovich, director of the Riverkeepers program at the nonprofit Center for Justice in Spokane, Washington, said. “What trains are traveling through Spokane and the inland northwest, what’s in them, and how dangerous are they? We have a right to know about emergency response plans and the risks we’re assuming by living, working and playing in this area.”

Payne, Lynchburg’s city manager, has lived in the area for 13 years and said he didn’t know trains were carrying oil through the bustling downtown district until the derailment this week.

“But I don’t know what’s on the tractor trucks going through the city every day either,” Payne said. “What would we do if we did know?”

“If anything’s going to be changed, it’s going to have to be changed at the federal level or maybe the state level. I know I have no authority over those railroads.”

The mayor of Casselton, North Dakota, where an oil train crash on Dec. 30 spilled 400,000 gallons of crude and forced the evacuation of residents, estimates that seven or eight trains a day, most carrying oil, pass through the rural town everyday. Edward McConnell remembers the city council had concerns over chlorine riding the rails several years ago. While training the fire department, the town spoke with the state and federal transportation departments about the contents and amounts of freight passing through.

“Their basic answer was when we have an accident, you’ll know what’s in the cars by the placard,” he said. Red diamond-shaped placards with the numbers 1267 designate crude, though not what type of crude, which could indicate how flammable or explosive it is.

“It would be nice to know [more details of the cars’ contents], but I don’t think it’s something that’s going to get much traction,” McConnell said. “Railroads have a lot of friends in Congress, and they’re not going to let too many bills through that [the railroads] don’t want. I’ve been dealing with railroads a lot of years — you can go up against them but at the end of the day they pretty much get what they want.”

Activist Matt Landon has decided the only way to know what’s passing through his neighborhood in Vancouver, Washington, is to track it himself. In April, he organized a group of seven volunteers to count how many oil trains are passing by Vancouver Bluff and, with infrared cameras, to monitor hydrocarbon gas venting out of the tank cars, a phenomenon called burping or off gassing. He hopes his efforts over time will force the government to increase regulation on the rail and oil industries.

“We have to protect our community,” he said. “It’s even hard for first responders to have access to this information. The U.S. government is deciding not to protect our communities so we have to stand up.”

A plume of smoke rises behind a train near Casselton, N.D., Monday, Dec. 30, 2013. Reuters

KQED Forum – panel on efforts to stop crude by rail

Repost from KQED Forum with Michael Krasny

Forum

Bay Area Groups Seek to Halt Crude-by-Rail

Concerns are growing over the safety of transporting crude oil by train after a series of derailments, most recently last week in Virginia when 13 tankers fell off the tracks, sparking a fire and forcing evacuations. The Federal Railroad Administration has issued emergency rules and will reassess new safety standards for tank cars. In California, environmental groups are challenging crude-by-rail shipments to the city of Richmond. We’ll discuss the pros and cons of transporting crude oil by rail, as well as state and national efforts to improve safety.

Host: Michael Krasny

 Guests:
  • Catherine Reheis-Boyd, president of the Western States Petroleum Association
  • Molly Samuel, science reporter for KQED
  • Suma Peesapati, staff attorney with Earthjustice, which filed an injunction to halt the shipment of crude oil into the city of Richmond

More info: