Center For Biological Diversity Report: Oil Trains Threaten 25 Million Americans, Wildlife
No. 762, Feb. 19, 2015
As the investigation continues into the two latest explosive oil-train derailments in Ontario and West Virginia, the Center for Biological Diversity released a report this morning outlining striking new details about the risk oil trains pose to people and wildlife across the country. Our analysis, called Runaway Risks, finds that 25 million Americans live within the one-mile “evacuation zone” and that oil trains routinely pass within a quarter-mile of 3,600 miles of streams and more than 73,000 square miles of lakes, wetlands and reservoirs.
These dangerous trains also pass through 34 national wildlife refuges and critical habitat for 57 threatened and endangered species, including bull trout, salmon, piping plovers and California red-legged frogs.
Oil-by-rail transport has increased 40-fold since 2008 without any meaningful new safety measures. As a result, destructive accidents and spills are now occurring with disturbing frequency.
“The federal government has failed to provide adequate protection from these bomb trains,” said the Center’s Jared Margolis. “We clearly need a moratorium on crude-by-rail until the safety of our communities and the environment can be ensured.”
W.Va. oil train derailment was 1 of 3 with safer tank cars
By John Raby & Jonathan Mattise, Feb 18, 2015, UPDATED Feb 18, 2015 1:33pm ET
MOUNT CARBON, W.Va. — The fiery derailment of a train carrying crude oil in West Virginia is one of three in the past year involving tank cars that already meet a higher safety standard than what federal law requires — leading some to suggest even tougher requirements that industry representatives say would be costly.
Hundreds of families were evacuated and nearby water treatment plants were temporarily shut down after cars derailed from a train carrying 3 million gallons of North Dakota crude Monday, shooting fireballs into the sky, leaking oil into a Kanawha River tributary and burning down a house nearby. It was snowing at the time, but it is not yet clear if weather was a factor.
The fire smoldered for a third day Wednesday. State public safety division spokesman Larry Messina said the fire was 85 percent contained.
The train’s tanks were a newer model — the 1232 — designed during safety upgrades voluntarily adopted by the industry four years ago. The same model spilled oil and caught fire in Timmins, Ontario on Saturday, and last year in Lynchburg, Virginia.
A series of ruptures and fires have prompted the administration of President Barack Obama to consider requiring upgrades such as thicker tanks, shields to prevent tankers from crumpling, rollover protections and electronic brakes that could make cars stop simultaneously, rather than slam into each other.
If approved, increased safety requirements now under White House review would phase out tens of thousands of older tank cars being used to carry highly flammable liquids.
“This accident is another reminder of the need to improve the safety of transporting hazardous materials by rail,” said Christopher Hart, acting chairman of the National Transportation Safety Board.
Oil industry officials had been opposed to further upgrading the 1232 cars because of costs. But late last year they changed their position and joined with the railway industry to support some upgrades, although they asked for time to make the improvements.
Oil shipments by rail jumped from 9,500 carloads in 2008 to more than 435,000 in 2013, driven by a boom in the Bakken oil patch of North Dakota and Montana, where pipeline limitations force 70 percent of the crude to move by rail, according to American Fuel and Petrochemical Manufacturers.
The downside: Trains hauling Bakken-region oil have been involved in major accidents in Virginia, North Dakota, Oklahoma, Alabama and Canada, where 47 people were killed by an explosive derailment in 2013 in Lac-Megantic, Quebec.
Reports of leaks and other oil releases from tank cars are up as well, from 12 in 2008 to 186 last year, according to Department of Transportation records reviewed by The Associated Press.
Just Saturday — two days before the West Virginia wreck — 29 cars of a 100-car Canadian National Railway train carrying diluted bitumen crude derailed in a remote area 50 miles south of Timmins, Ontario, spilling oil and catching fire. That train was headed from Alberta to Eastern Canada.
The train Monday was bound for an oil shipping depot in Yorktown, Virginia, along the same route where three tanker cars plunged into the James River in Lynchburg, Virginia, prompting an evacuation last year.
The train derailed near unincorporated Mount Carbon just after passing through Montgomery, a town of 1,946, on a stretch where the rails wind past businesses and homes crowded between the water and the steep, tree-covered hills. All but two of the train’s 109 cars were tank cars, and 26 of them left the tracks.
Fire crews had little choice but to let the tanks burn themselves out. Each carried up to 30,000 gallons of crude.
One person — the owner of the destroyed home — was treated for smoke inhalation, but no other injuries were reported, according to the train company, CSX. The two-person crew, an engineer and conductor, managed to decouple the train’s engines from the wreck behind it and walk away unharmed.
The NTSB said its investigators will compare this wreck to others including Lynchburg and one near Casselton, N.D., when a Bakken crude train created a huge fireball that forced the evacuation of the farming town.
No cause has been determined, said CSX regional vice president Randy Cheetham. He said the tracks had been inspected just three days before the wreck.
“They’ll look at train handling, look at the track, look at the cars. But until they get in there and do their investigation, it’s unwise to do any type of speculation,” he said.
By Tuesday evening, power crews were restoring electricity, water treatment plants were going back online, and most of the local residents were back home. Initial tests showed no crude near water plant intake points, state Environmental Protection spokeswoman Kelley Gillenwater said.
State officials do have some say over rail safety.
Railroads are required by federal order to tell state emergency officials where trains carrying Bakken crude are traveling. CSX and other railroads called this information proprietary, but more than 20 states rejected the industry’s argument, informing the public as well as first-responders about the crude moving through their communities.
West Virginia is among those keeping it secret. State officials responded to an AP Freedom of Information request by releasing documents redacted to remove nearly every detail.
There are no plans to reconsider after this latest derailment, said Melissa Cross, a program manager for the West Virginia Division of Homeland Security and Emergency Management.
Contributors include Joan Lowy in Washington, D.C.; Matthew Brown in Billings, Montana; and Pam Ramsey in Charleston, West Virginia. Mattise reported from Charleston.
Repost from McClatchy News [Editor: Another excellent contextual overview and detailed report by Curtis Tate. New in this report: CSX providing hotel rooms for evacuees; and discussion of WV refusal to provide hazmat notification to the public and estimate of 2 to 5 oil trains per week; and Sarah Feinberg, acting administrator of the Federal Railroad Administration is a West Virginia native. – RS]
2 West Virginia towns evacuated as another oil train derails, catches fire
By Curtis Tate, McClatchy Washington Bureau, February 16, 2015
WASHINGTON — A train carrying crude oil derailed and caught fire Monday in West Virginia, less than two weeks after the U.S. Department of Transportation sent a package of new rail safety regulations to the White House for review.
The CSX train was traveling on the same route as another crude oil train that derailed and caught fire 10 months ago in downtown Lynchburg, Va. It was the second derailment in as many days of a train loaded with crude oil. Early Sunday, a Canadian National train loaded with crude oil derailed in northern Ontario. At least seven cars burst into flames.
In Monday’s derailment, residents of two small towns east of Charleston were evacuated, and at least one tank car fell into the Kanawha River, according to the West Virginia Department of Military Affairs and Public Safety. The river supplies drinking water for several local communities, and residents were urged Monday to conserve water.
The fire was expected to burn throughout the night.
A spokesman for the department said the 109-car train was traveling from North Dakota to Yorktown, Va., and that 12 to 15 cars had derailed. Trains from North Dakota’s Bakken region have been traveling to the Yorktown facility since December 2013, where the oil is transferred to barges for delivery to refineries on the East Coast.
Photos taken by local residents posted to Twitter showed a column of black smoke and fire that resembled the Lynchburg accident and others. Early Sunday, a Canadian National train carrying crude oil derailed in a remote part of northern Ontario.
Other fiery accidents have taken place in Casselton, N.D., Aliceville, Ala., and Lac-Megantic, Quebec. The latter derailment, in July 2013, killed 47 people and wiped out the town’s business district.
Those derailments prompted a series of changes by government and industry on both sides of the border, including operating practices, track inspections, train speeds and tank car design. The new rules currently under review by the White House Office of Management and Budget are scheduled for publication in mid-May.
The response to Monday’s derailment was complicated by a winter storm. The National Weather Service forecast a snowfall of 6 to 10 inches in the area.
Sarah Feinberg, the acting administrator of the Federal Railroad Administration, said investigators from her agency and the Pipeline and Hazardous Materials Safety Administration were on their way to the scene, about six hours from Washington.
“Both agencies are monitoring the situation closely and will commence official inquiries into the cause of the derailment,” said Kevin Thompson, an FRA spokesman. “The agencies are prepared to take all necessary enforcement actions following the investigation.”
Feinberg, a native of West Virginia, was appointed last month by Transportation Secretary Anthony Foxx to lead the agency. Feinberg and Robert Lauby, the FRA’s chief safety officer, will assess the derailment site Tuesday, the department said late Monday.
The National Transportation Safety Board, which last month added tank cars to its list of “most-wanted” safety improvements, was monitoring the incident, a spokesman said.
CSX, based in Jacksonville, Fla., was providing hotel rooms to the evacuees and working with local emergency personnel at the derailment scene, the railroad posted on Twitter.
Following the Lynchburg derailment last April, the Transportation Department began requiring railroads to notify state officials of shipments of 1 million gallons or more of Bakken crude.
The West Virginia Division of Homeland Security and Emergency Management declined McClatchy’s request to review the notifications in June, invoking an exemption under the state’s open records law because CSX had marked the documents “proprietary and trade secrets.”
However, the frequency of the shipments could be gleaned from surrounding states, notably Kentucky and Virginia, that did make the reports available to McClatchy and other news organizations.
The reports show that two to five Bakken trains a week traverse West Virginia.
American oil trains spilled crude oil more often in 2014 than in any year since the federal government began collecting data on such incidents in 1975, an NBC News analysis shows. The record number of spills sparked a fireball in Virginia, polluted groundwater in Colorado, and destroyed a building in Pennsylvania, causing at least $5 million in damages and the loss of 57,000 gallons of crude oil.
By volume, that’s dramatically less crude than trains spilled in 2013, when major derailments in Alabama and North Dakota leached a record 1.4 million gallons — more than was lost in the prior 40 years combined. But by frequency of spills, 2014 set a new high with 141 “unintentional releases,” according to data from the federal Pipeline and Hazardous Materials Safety Administration (PHMSA). By comparison, between 1975 and 2012, U.S. railroads averaged just 25 spills a year.
The vast majority of the incidents occurred while the trains were “in transit,” in the language of regulators, rumbling along a network of tracks that pass by homes and through downtowns. They included three major derailments and seven incidents classified as “serious” because they involved a fire, evacuation or spill of more than 120 gallons. That’s up from five serious incidents in 2013, the data shows.
“They’ve got accidents waiting to happen,” said Larry Mann, the principal author of the landmark Federal Railroad Safety Act of 1970. “Back in 1991 I said, ‘One day a community is going to get wiped out by a freight train. Well, in 2013 that happened and unless something changes it’s going to happen again.”
Mann was referring to the Lac-Mégantic disaster, a deadly derailment in Quebec just miles from the Maine border. A 72-car oil train rolled downhill and exploded on July 6, 2013, killing 47 people and destroying most of the town.
In the months that followed American regulators convened a series of emergency sessions. They promised sweeping new safeguards related to tank car design, train speed, route and crew size. To date none of those rules have been finalized.
On January 15 the Department of Transportation missed a deadline set by Congress for final rules related to tank cars, which have a decades-long history of leaks, punctures, and catastrophic failure. The rules are being worked on by PHMSA and the Federal Railroad Administration (FRA).
In response to questions from NBC News, PHMSA declined to explain the delay in new rules but it defended the relative safety of oil-by-rail. “More crude is being transported across the country than in any time in our history, and we are aggressively developing new safety standards to keep communities safe,” PHMSA spokesperson Susan Lagana said in a statement.
“Last year, over 87,000 tank cars were in use transporting crude oil, and 141 rail crude oil releases were reported,” she continued. “The amount of crude oil released in these spills was less than the capacity of two tank cars.”
The FRA declined a request for comment. It did, however, provide data that suggests the railroads are getting better overall at transporting hazardous material. Between 2004 and 2014, for example, the number of collisions and derailments involving trains carrying hazardous material fell by more than half, from 31 to 13, according to the data.
Ed Greenberg, a spokesperson for the Association of American Railroads (AAR), the industry’s principal trade group, said the railroads themselves support stronger tank cars. The oil industry actually owns most of the cars used to transport its product, he said. That has complicated the rule-making process and set off a debate over which industry should cover the cost of an upgrade.
Greenberg also sharply disagreed with the idea that oil-by-rail was getting more dangerous. With 40 times more oil being hauled along U.S. rail lines in 2015 than in 2005, he acknowledges that the raw number of incidents has increased. But he argues that the railroads have never been safer overall.
“Railroads have dramatically improved their safety over the last three decades, with the 2014 train accident rate trending at being the lowest ever,” he told NBC News, citing multi-billion-dollar investments in new cars, tracks, and workers.
Last year, he added, 99.97 percent of all hazardous material on the rails reached its destination without incident. Of the 141 oil spills included in the federal data, meanwhile, the AAR calculates that fewer than 10 involved the loss of more than a barrel of oil.
But critics say that’s little comfort to the estimated 25 million Americans who within the one-mile evacuation zone that the US Department of Transportation recommends in the event of an oil train-derailment.
“Moving oil from one place to another is always risky, and even a single spill has the potential to harm land and marine ecosystems for good,” said Karthik Ganapathy, communications manager for 350.org, an environmental group that has helped organize protests against oil by rail. “These new data confirm what we’ve known to be true all along—oil-by-rail is incredibly dangerous.”
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