Tag Archives: Emergency Readiness & Response

Firefighter battalion chief: Russian roulette on the railways

Repost from Chico News & Review
[Editor:  This article is well-written and documents gutsy analyses by a regional firefighter and County officials who understand that local safety is at the mercy of federal regulators.  Three years of Russian roulette – and more.  A “must read.”  – RS]

Russian roulette on the railways

Butte County train tracks are Bakken-free for now, but emergency responders fear a return of the volatile fuel
By Evan Tuchinsky, 05.21.15
Cal Fire Battalion Chief Russ Fowler says the Department of Transportation’s new rules regarding traincar safety are insufficient. PHOTO COURTESY OF CAL FIRE

What is ‘Bakken’?

The light crude oil known as Bakken comes from fracking a geologic formation of that name under North Dakota, Montana and Canada. Less dense and with less carbon, light crudes yield more gasoline than heavier crudes, but also are more volatile.

Trains crash. That fact hit home last week when a passenger train derailed in Philadelphia and also last year, on Nov. 26, when a cargo train derailed in the Feather River Canyon.

The risk of devastation multiplies when the derailed train carries volatile crude oil. A recent spate of those accidents has garnered national attention, too, prompting the U.S. Department of Transportation (DoT) to release new regulations governing the conveyance of flammable liquids. The measures have drawn near-unanimous opposition, though, and done little to assuage lingering local fears.

“My constituents have raised concerns and the Board [of Supervisors] is concerned,” said Butte County Supervisor Maureen Kirk, who represents Chico. “We’re hoping that some of the legislation and some of the discussion that comes forward will make even stiffer requirements on the transport of this Bakken oil.”

The DoT regulations came out May 1. Five days later, another oil train crashed, in North Dakota. By last Friday (May 15), both the petroleum industry and environmentalists had filed legal challenges to the DoT’s so-called “final rule.”

The International Association of Fire Fighters also has voiced objections. Representing more than 300,000 firefighters in North America, the IAFF protested a provision that allows railroads to keep the contents of their trains confidential—under the banner of national security.

Russ Fowler, battalion chief with Cal Fire Butte County and coordinator of the local Interagency Hazardous Materials Team, has additional concerns. DoT regulations phase out tank cars that are not up to the current safety standard, rather than pull them off the rails for retrofitting or retirement. Transportation Secretary Anthony Foxx has argued that the alternative would result in increased oil-tanker traffic on highways.

Fowler says one particular railcar commonly used to carry volatile Bakken crude oil, the DOT-111, “just [wasn’t] designed for that product.” Since railroads have until 2018 to get those cars up to standard, “we have three years of potential Russian roulette on our hands if light crude oil is transported down the Feather River Canyon like it was done last fall.”

Cal Fire has communicated with BNSF Railway, Fowler said, and has been told no crude oil deliveries have come through Butte County this year. “I have no reason not to believe them,” he added, though he’s seen DOT-111s riding on Chico tracks.

Lena Kent, BNSF’s spokeswoman for California, confirmed by email that “we are not currently transporting Bakken crude in your county.” She also wrote: “We do provide information to the Office of Emergency Services in California.”

That’s in contrast with last year, when train cars carrying millions of gallons of the explosive oil, reportedly around one shipment per week, did make their way way along the Feather River Canyon. Experts tie the reduction of imports to a reduced demand for the fuel, a lighter type that’s similar to gasoline and thus extremely volatile.

While Cal Fire dreads the prospect of an urban crash, the Feather River Canyon presents a distinct set of frets.

Train tracks head into remote areas that are difficult for emergency responders to reach. Access roads don’t always run adjacent to the rail route—not even parallel in certain spots. Depending on where a crash occurred, spilled oil could contaminate the Feather River and Lake Oroville—a major source of water for California—or could start a forest fire should it ignite.

Even without a blaze or river release, “it would make an ugly, oily mess in the canyon,” Fowler said. “It would be a terrible environmental disaster.”

Butte County supervisors articulated such concerns to the California Public Utility Commission and the Governor’s Office of Emergency Services, before the DoT released its regulations. OES responded by saying the state is investing in “purchasing new Type II hazardous material emergency response units” and in “local training specific to … rail safety incidents.”

For Supervisor Doug Teeter, the board chair who represents the Ridge, that’s little assurance. He has a powerless feeling—believing “it’s just a matter of time” before an accident happens locally, yet knowing “as a county we have no control” over the rails.

“We’re at the mercy of the federal regulators,” he continued. “All we’re really getting is a little response on improved training and equipment. That is not nearly enough to handle a 100-car spill.”

Either in populated or unpopulated areas.

“We as a hazmat team plan for worst-case scenarios,” Fowler said. “Just because you plan for a worst-case scenario doesn’t mean you can mitigate the worst-case scenario, because there are things that can happen that are so catastrophic that it would overwhelm local resources until more regional or statewide resources could come in to help.”

Should legal challenges fail, and in the absence of local authority, a remedy to the DoT regulations remains: Congress. Teeter recently met with a representative of Sen. Barbara Boxer. Meanwhile, North State Congressman John Garamendi has introduced legislation to make light crude safer for rail transport.

Teeter encourages constituents to write congressional representatives and senators. He finds encouragement even in the controversial DoT regulations, which arose amid an uproar.

“Maybe now we’ll have a voice,” Teeter said. “Maybe something can happen.”

 

Railroads Required to Plan for a Worst-Case Oil Train Spill in Washington State

Repost from Emergency Management

Railroads Required to Plan for a Worst-Case Oil Train Spill in Washington State

A new law requires railroads to plan for the “largest foreseeable spill in adverse weather conditions.”
Samantha Wohlfeil, The Bellingham Herald | May 17, 2015

(TNS) — Under a new state law signed by Gov. Jay Inslee on Thursday, May 14, large railroads will be required to plan with the state for “worst-case spills” from crude oil unit trains, but exactly what that worst-case scenario looks like is not yet clear.

The law requires railroads to plan for the “largest foreseeable spill in adverse weather conditions,” but doesn’t define “largest foreseeable spill.”

In April, BNSF railway employees told Washington emergency responders that the company currently considers 150,000 gallons of crude oil – enough to fill five rail tank cars – its worst-case scenario when planning for spills into waterways. Crude oil trains usually carry about 100 rail tank cars.

“We’ve already seen worse than that though, haven’t we?” asked Roger Christensen, Bellingham’s interim emergency manager, when asked about using that amount for worst-case planning. “It seems like a low number … I hate to respond without knowing where they’re coming from. It doesn’t seem like a worst-case scenario to me.”

The amount is lower than what has been spilled and partially burned off in several high-profile crude oil train derailments in the last three years:

    • Mount Carbon, West Virginia, Feb. 16, 2015: More than 362,000 gallons spilled in a CSX train derailment and fire.
    • Casselton, North Dakota, Dec. 30, 2013: Roughly 475,000 gallons spilled from a BNSF train that derailed and caught fire.
    • Aliceville, Alabama, Nov. 8, 2013: About 749,000 gallons spilled into a swampy area from a Genesee & Wyoming train after a derailment and fire.
    • Lac-Megantic, Quebec, July 5, 2013: Roughly 1.6 million gallons spilled from a Montreal, Maine & Atlantic train in a derailment that killed 47 people.

“Water spills require special equipment such as boom and skimmers. The worst case release is used to make sure we have enough of this special equipment,” BNSF spokesman Gus Melonas wrote in an email to The Bellingham Herald. “For land spills we use vacuum trucks and heavy equipment to dig up the contaminant. Both of which are readily available in most areas.”

Melonas said in an interview that the 150,000-gallon number was based on studying historical derailments in the industry.

When asked if the company uses other amounts to plan for spills like the fiery derailments outlined above, Melonas replied, “We consider all scenarios when developing our emergency response plans with utilizing resources of local, regional and nationwide experts and equipment to safely and efficiently mitigate any hazardous materials incident including crude oil.”

“Until we have further regulatory clarity from the U.S. Department of Transportation on how the agency will require railroads to calculate ‘worst-case discharges’ to waterways, BNSF is considering using 150,000 gallons,” Melonas wrote. “BNSF is open to discussing the justification of this quantity with Federal or State environmental agencies.”

BNSF would not outline what its worst-case scenarios are for other situations, or say whether the company would adjust its scenario based on the new state law.

 Planning for the Worst

The new law tasks the state Department of Ecology with crafting the worst-case scenario for railroad contingency plans in a process that could take a year or longer, and will include input from the railroads and the public, said Linda Pilkey-Jarvis, preparedness section manager for Ecology.

“Preparedness regulations are all about planning for a potential worst-case spill,” Pilkey-Jarvis said. “It (all starts) with defining a worst-case spill volume, then that drives the whole rest of your plan.”

The volume helps planners decide which equipment needs to be staged where, and how many people need to be trained members of a spill management team, she said.

“In (Washington) state the Legislature has defined the standard of what a worst-case spill volume should be, and in general it’s a pretty high bar,” Pilkey-Jarvis said.

Washington state requires marine ships that transport oil to plan for a spill of the entire cargo, including whatever fuel is aboard to operate the vessel.

Planning for that type of all-in worst case creates pushback from the industry, which sometimes says, “That could never happen,” Pilkey-Jarvis said.

“Well, that doesn’t matter from a planning perspective if you think that could happen or not,” she said. “From a planning perspective, we’re defining everything as a worst case.”

The Federal Emergency Management Agency (FEMA) recently ran through a worst-case crude oil train derailment scenario in Jersey City, New Jersey. The exercise took emergency planners through an imagined scenario that could potentially kill or injure more than 1,000 people, and displace even more from their homes near the incident.

The scenario started with five of 90 tank cars derailing and spilling roughly 100,000 gallons of crude oil, which caught on fire. The blaze heats up other tanks, which rupture and spill more oil. The scenario outlined 225,000 gallons being consumed by flames, with the other 225,000 left on the ground, for a total 450,000-gallon spill.

“This is consistent with other real world events, such as the Galena, (Illinois) tank car derailment,” FEMA spokeswoman Susan Hendrick wrote in an email to The Bellingham Herald. “Complex and progressive scenarios allow communities to prepare for a range of consequences they may be faced with, including the size, scope and severity of an incident.”

In Bellingham, planners have not yet decided what the worst-case scenario might look like, Christensen said.

However, planners have calculated that throughout the city, 27,000 Bellingham residents – about a third of the population – live within the half-mile evacuation zone of the railroad tracks, he said.

Whatcom County and Bellingham planners work with BNSF, BP Cherry Point and Phillips 66 refineries, and other involved partners, to plan for different emergencies in the county.

Last fall, planners ran through a tabletop discussion of what resources might be available if 60,000 gallons of crude oil spilled from a train near Squalicum Harbor, Christensen said.

“It was a tabletop so we never got to the point of actually ‘deploying’ resources, but we did get a handle on that there is a significant amount of resources in our community,” he said. “We’re much more prepared than a lot of them, because of industrial partnerships. They might be the reason the hazard is coming through … but at least in Whatcom County we do have the industrial partners that bring resources to the table as well.”

Whatcom County Fire District 7 Chief Gary Russell said he’s not worried about knowing BNSF’s worst-case scenario, as it doesn’t change how his firefighters would respond to a derailment. His district covers nine miles of mostly rural BNSF track, and includes the two Whatcom County refineries.

“If it was one tank car on fire, we’d address it the same if it was five, we’d just probably not have the ability to deal with it,” Russell said. “In a derailment out here, you’d be protecting the area while it eliminated its fuel source.

“We treat every day like it’s an all-risk hazard. It doesn’t matter if it’s a freight train or a passenger train, with a greater loss of life,” he continued. “I worry about the product I don’t know anything about that’s in a tank car. … I’d rather have oil going up and down the rails than I would acids, sulfurs, chlorine and other hazardous commodities, because they can harm people faster than oil.”

Different Reporting Requirements

Unlike stationary facilities that have hazardous materials or chemicals on hand, railroads are exempt from nearly all requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA).

After a disastrous release of toxic gas at a Union Carbide pesticide plant in Bhopal, India, that killed thousands of people in 1984, the U.S. Congress passed EPCRA to try to prevent similar accidents.

While businesses such as certain gas stations, water treatment plants, and fish processors need to report what hazardous chemicals are on their properties to state and local officials, and to make that information available to the public, railroads do not. The act “does not apply to the transportation, including the storage incident to such transportation” of chemicals otherwise included in the act.

Railroads do need to submit their worst-case discharge calculations and plans to the U.S. Department of Transportation, but they are not available to the public.

“It’s un-American to withhold these documents from the public,” said Fred Millar, an independent rail consultant who worked for environmental groups that helped pass right-to-know rules in the 1980s and ’90s. “For the first 20 years or so, the railroads said to us, ‘No law forces us to give you this information, we consider it confidential.’ After 9/11, they said ‘We won’t give you the information because of terrorism, you know.’

“Keeping it secret is a little like elephants tiptoeing through the tulips,” he said.

Pipeline companies are required to submit their oil spill response plans to the DOT’s Pipeline and Hazardous Materials Safety Administration. They are published online, but the worst-case scenario numbers are redacted from the reports.

Last year, DOT required railroads to notify emergency response agencies of shipments of 1 million gallons or more of Bakken crude oil through their states, but the introduction of new regulations on May 1 ended that requirement.

Now, railroads will share that information directly with emergency responders, but it will be exempt from public records laws and the Freedom of Information Act, the way that other hazardous materials such as chlorine and anhydrous ammonia are currently protected.

The new Washington state oil safety law requires seven days’ advance notice from the facilities that receive crude oil, such as refineries, before trains are scheduled to come through the state. That information is supposed to be given to the state, which will make it available to emergency responders immediately, and will aggregate the numbers quarterly for release to the public.

McClatchy reporter Curtis Tate contributed to this report.

New rules on oil trains draw flak from firefighters, too

Repost from the Bellingham Herald

New rules on oil trains draw flak from firefighters, too

By Curtis Tate, McClatchy Washington Bureau, May 11, 2015
Derailed train cars burn near Mount Carbon, W.Va., Monday. A CSX train carrying crude oil derailed at around 1:20 p.m. Monday, spilling oil into the Kanawha River and destroying a home in the path of the wreckage. Marcus Constantino/ Daily Mail

— Lawmakers and environmental and industry groups criticized the federal government’s new safety measures for oil trains when they were announced earlier this month. Now another group has expressed disappointment in the new rules:

Emergency responders. They’re among the first in danger when a fiery derailment happens.

After another oil train derailed and caught fire last week, this time in North Dakota and the fifth in North America this year, firefighters renewed their call for more training and information about hazardous rail shipments.

The International Association of Fire Fighters’ primary objection to the new rules is about their information-sharing requirements. But Elizabeth Harman, an assistant to the general president of the group, also said firefighters needed more training on responding to hazardous materials incidents. The rule didn’t directly address that issue, though some lawmakers have sought additional funding.

“The training that’s needed has been developed,” she said. “This is the first step that needs to be funded and expanded for all first responders.”

Harman said her group had been talking to the Federal Emergency Management Agency about making more competitive grants available for first-responder training.

Tank cars still showing accident vulnerability

Tens of thousands of rail tank cars haul flammable liquids, such as crude oil and ethanol, across North America, and most have weak spots that make them vulnerable to puncture and fire in an accident. A new tank car design has been approved, but is not widely available yet. There have been five serious oil train derailments so far this year.

Old and new tank car designs
Click for full size viewing
Accidents
Click for full size viewing.
  1. Feb. 14, Gogama, Ontario, 29 cars of a Canadian National oil train derail and a fire engulfs seven cars. No injuries are reported.
  2. Feb. 16, Mount Carbon, W.V., 28 cars of a CSX oil train derail along the banks of the Kanawha River. One injury reported.
  3. March 5, Galena, Ill., 21 cars of a BNSF crude oil train derail and a fire erupts.
  4. March 7, Gogama, Ont., 39 cars of a Canadian National oil train derail and a fire engulfs multiple cars. A bridge is destroyed by the heat. No injuries are reported.
  5. May 6, Heimdal, N.D., six cars of a BNSF crude oil train derail and a fire erupts, forcing temporary evacuation of Heimdal.
*In addition to the 2015 accidents, the map locates selected derailments from 1981 through 2014 involving DOT-111A tank cars that polluted waterways and threatened cities with flammable or toxic chemicals.  Sources: McClatchy Washington Bureau, National Transportation Safety Board, Department of Transportation, Surface Transportation Board, Association of American Railroads, Railway Supply Institute

Since 2010, an exponentially larger volume of flammable liquids, especially crude oil and ethanol, has been moving by rail, and with it has come an increase in risk to communities.

“We need to be prepared for it, and we’re willing to be prepared for it,” Harman said.

The rail industry and the government have funded new training for emergency responders as a result of the increased risk. Railroads train 20,000 firefighters a year in communities across the country, according to the Association of American Railroads, an industry group.

Since last summer, the rail industry has paid to send hundreds more to an advanced firefighting academy in Pueblo, Colo., designed for responding to oil train fires.

While firefighter groups have praised the industry’s efforts, 65 percent of fire departments involved in responding to hazardous materials incidents still have no formal training in that area, according to a 2010 survey by the National Fire Protection Association.

While no first responders have been injured in multiple oil train derailments and fires in the past year and a half, they’ve faced numerous challenges:

– When an oil train derailed and caught fire near Casselton, N.D., on Dec. 30, 2013, a BNSF student engineer became an ad-hoc first responder. According to interview transcripts published last month by the National Transportation Safety Board, the student donned firefighting gear and equipment as he uncoupled cars that were still on the track to move them away from the fire.

– When an oil train derailed and caught fire in downtown Lynchburg, Va., on April 30, 2014, first responders didn’t know right away which railroad to call, since two companies operate tracks through the city. According to a presentation at a conference of transportation professionals in Washington in January, it also took 45 minutes for first responders to obtain documents showing them what the train was carrying.

– After an oil train derailed and caught fire near Galena, Ill., on March 5 this year, volunteer firefighters could reach the remote site only via a bike path. Once there, they attempted to extinguish the fire, but had to retreat when they realized they couldn’t, leaving their equipment behind. According to local news reports, their radios didn’t work, either.

Harman said the U.S. Department of Transportation’s new regulations for trains carrying crude oil, ethanol and other flammable liquids didn’t go far enough with respect to information that railroads provided to communities.

Under an emergency order the department issued last May, railroads were required to report large shipments of Bakken crude oil to state emergency-response commissions, which then disseminated that information to local fire departments.

But under the department’s new rules, starting next year, railroads will no longer report the information to the states, and fire departments that want the information will have to go directly to the railroads. It also will be shielded from public disclosure.

“These new rules fall short of requiring rail operators to provide the information fire departments need to respond effectively when the call arrives,” said Harold Schaitberger, general president of the firefighters group.

Susan Lagana, a spokeswoman for the Department of Transportation, said Friday that the department was reviewing feedback from emergency responders and lawmakers to address their concerns.

She said the new rule would expand the amount of information available to first responders and noted that for now, last year’s emergency order remains in place.

Ed Greenberg, a spokesman for the Association of American Railroads, said the industry was reviewing the new regulations. He said it had shared information with first responders for years and would continue to do so.

Greenberg said the industry was developing a mobile application called AskRail that would give emergency responders immediate access to information about a train’s cargo.

“Freight railroads have ongoing dialogue with first responders, residents and local civic officials on rail operations and emergency planning,” he said.

Emergency planners in Washington state sought more information about oil trains from BNSF, including routing information, worst-case derailment scenarios, response planning and insurance coverage. On April 30, the railroad met with state fire chiefs in Olympia.

“I think both sides learned a little bit about the other group’s point of view,” said Wayne Senter, the executive director of the Washington Fire Chiefs. “I was pretty positive by the end of the meeting the information we asked for in our letter was either available or will soon be available either directly or indirectly.”

Samantha Wohlfeil of The Bellingham (Wash.) Herald contributed to this article.

Crude Oil Rail Shipments Sabotage Freedom of Information Act

Repost from Forbes

Crude Oil Rail Shipments Sabotage Freedom of Information Act

By James Conca, May 5, 2015 @ 4:40 AM

New regulations from the U.S. Department of Transportation declare that details about crude oil rail shipments are exempt from public disclosure (Tri-City Herald).

This ends DOT’s existing regulations that required railroads to share with state officials, and the public, information about shipping large volumes of dangerous crude oil by rail. These disclosure requirements were put in place last year after a Bakken crude oil train-wreck in Lynchburg, Virginia.

Now, railroads will only have to share this information with emergency responders who will be mum. And the information will be exempt from the Freedom of Information Act as well as public records and state disclosure laws (SSI).

Better response, slower speeds and safer rail cars are needed to stem the rise of crude oil rail car accidents. Transparency would be nice, too, although that took a real hit last week with the new regulations from the Department of Transportation. Source: National Transportation Safety Board

True, the new regulations do cover critical oil train operations in terms of “speed restrictions, braking systems, and routing, and adopts safety improvements in tank car design standards and a sampling and classification program for unrefined petroleum-based products.” All good things long needed to address the growing dangers in rail transport of crude.

But after the Lynchburg derailment and inferno, the feds required railroads to notify emergency response agencies if shipments over a million gallons crude oil were going through their states. Railroads complied, but asked states to keep that information confidential.

Most states refused (McClatchy).

Since then, the industry argued that details about the crude oil rail shipments were sensitive from a security and customer protection standpoint and should not be available to the public, although it’s more likely they just don’t want to get hassled by a public trying to restrict shipments from going through their towns, across their rivers and along their coasts.

At first, the Federal Railroad Administration disagreed with the industry (Federal Register), saying that information about the shipments was not sensitive from any standpoint.

But they seemed to have quietly caved to industry pressure.

The twin forces of the new North American energy boom and the lack of pipeline capacity have combined to suddenly and dramatically increase crude oil shipping by rail. The energy boom is not going away, and the XL pipeline is on hold indefinitely, so the increase in rail will continue.

Crude is a nasty material, very destructive when it spills into the environment, and very toxic when it contacts humans or animals. It’s not even useful for energy, or anything else, until it’s chemically processed, or refined, into suitable products like naphtha, gasoline, heating oil, kerosene, asphaltics, mineral spirits, natural gas liquids, and a host of other products.

Thus, the need to get it to the refineries that can handle it, mostly along the coasts. Without new pipelines, it’s going to go by rail.

But fiery derailments of crude oil trains in North America are becoming almost frequent, along with many simple spills (dot111). Every minute of every day, shipments of two million gallons of crude are traveling over a thousand miles in hundred-tank-car trains (PHMSA.gov), delivering as much oil as is expected by the Keystone XL Pipeline.

A clear example of this danger came on July 6, 2013, when a train carrying 72 tank cars, and over 2,000,000 gallons of Bakken oil shale crude from the Williston Basin of North Dakota, derailed in the small town of Lac-Megantic, Quebec. Much of the town was destroyed and forty-seven people were killed.

According to billionaire Warren Buffett, these new federal standards for shipping crude oil by rail will definitely slow-up the industry, and as CEO of Berkshire Hathaway’s BNSF railroad and its Union Tank Car business, he should know (Tri-City Herald).

Buffett says railroads are critical for transporting potentially dangerous products across the United States, and he thinks it makes more sense for railroads to haul them instead of trucks or pipelines, a controversial stand given the historical data (Pick Your Poison).

So what is the safest way to move crude oil?

The volume of oil spilled per billion-ton-miles for each mode of transport - truck worse than pipeline worse than rail worse than boat. But it depends upon your definition of worse. Source: Congressional Research Service R43390

The short answer is: truck worse than train worse than pipeline worse than boat (Oilprice.com). But that’s only for human death and property destruction. For the amount of oil spilled per billion-ton-miles, it’s truck worse than pipeline worse than rail worse than boat (Congressional Research Service). Even more different is for environmental impact, where it’s boat worse than pipeline worse than truck worse than rail.

But the accident frequency trend is against rail. Oil trains are getting bigger and towing more and more tanker cars. From 1975 to 2012, trains were short and spills were rare and small, with about half of those years having no spills above a few gallons (EarthJustice.org). Then came 2013, in which more crude oil was spilled in U.S. rail incidents than was spilled in the previous thirty-seven years.

The danger seems to be centered in the rail tank cars themselves (The Coming Oil Train Wreck). If these new regulations makes the rail cars safer, makes them go slower and routes them around environmentally sensitive or vulnerable areas, that’s wonderful.

But I don’t see why we aren’t allowed to know when the crude oil trains are near us.