Tag Archives: Federal Railroad Administration (FRA)

House bill could shield oil train spill response plans from disclosure

Repost from McClatchyDC

House bill could shield oil train spill response plans from disclosure

By Curtis Tate, October 16, 2015
Oil burns at the site of a March 5, 2015, train derailment near Galena, Ill. A bill in Congress would require railroads to have comprehensive oil spill response plans, but would also give the Secretary of Transportation the ability to exempt the details from disclosure. Oil burns at the site of a March 5, 2015, train derailment near Galena, Ill. A bill in Congress would require railroads to have comprehensive oil spill response plans, but would also give the Secretary of Transportation the ability to exempt the details from disclosure. EPA

HIGHLIGHTS

  • Six-year transportation bill includes section on oil trains
  • Obama administration supports public notifications of oil spills, etc.
  • Future transportation secretary could be empowered to protect data

WASHINGTON – A House of Representatives bill unveiled Friday could make it more difficult for the public to know how prepared railroads are for responding to oil spills from trains, their worst-case scenarios and how much oil is being transported by rail through communities.

The language appears in the House Transportation and Infrastructure Committee’s six-year transportation legislation, which primarily addresses federal programs that support state road, bridge and transit projects. But the legislation also includes a section on oil trains.

The U.S. Department of Transportation is working on a rule to require railroads shipping oil to develop comprehensive spill response plans along the lines of those required for pipelines and waterborne vessels. It would also require them to assess their worst-case scenarios for oil spills, including quantity and location.

The House bill would give the secretary of transportation the power to decide what information would not be disclosed to the public.

The secretary would have discretion to withhold anything proprietary or security sensitive, as well as “specific response resources and tactical resource deployment plans” and “the specific amount and location of worst-case discharges, including the process by which a railroad carrier determines the worst-case discharge.”

The House bill defines “worst-case discharge” as the largest foreseeable release of oil in an accident or incident, as determined by the rail carrier.

Four major oil train derailments have occurred in the U.S. since the beginning of the year, resulting in the release of more than 600,000 gallons, according to federal spill data.

Numerous states have released information on crude by rail shipments to McClatchy and other news organizations. DOT began requiring railroads to notify state officials of such shipments last year after a train derailed and caught fire in Lynchburg, Va.

The disclosures were opposed by railroads and their trade associations, which asked the department to drop the requirement. The department tried to accommodate the industry’s concerns in its May final rule on oil train safety by making the reports exempt from disclosure. But facing backlash from lawmakers and emergency response groups, the department reversed itself.

Transportation Secretary Anthony Foxx, and Sarah Feinberg, the acting chief of the Federal Railroad Administration, said the department would continue the disclosure requirement and make it permanent. But a new administration could take a different approach.

“We strongly support transparency and public notification to the fullest extent possible,” Feinberg said in July.

In May, Washington Gov. Jay Inslee signed a bill that would require railroads operating in the state to plan for their worst-case spills.

In April, BNSF Railway told state 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. A typical 100-car oil train carries about 3 million gallons.

Washington state requires marine ships that transport oil to plan for a spill of the entire cargo.

The Federal Emergency Management Agency conducted a mock derailment in New Jersey in March in which 450,000 gallons of oil was released.

California passed a similar bill last year, but two railroads and a major trade association challenged it in court, claiming the federal laws regulating railroads preempted state laws. A judge sided with the state in June, but without addressing the preemption question.

The House Transportation Committee will consider the six-year bill when lawmakers return from recess next week. The current legislation expires on Oct. 29, and the timing makes a short-term extension likely.

After the committee and the full House vote on the bill, House and Senate leaders will have to work out their differences before the bill goes to the president’s desk.

Samantha Wohlfeil of the Bellingham (Wash.) Herald contributed.

MUST READ: Hauling crude oil may be causing train tracks to fail

Repost from the Los Angeles Times

Why are so many oil trains crashing? Track problems may be to blame

Ralph Vartabedian, October 7, 2015
Oil train derailment
Smoke and flames erupt from the scene of a train derailment March 5, 2015, near Galena, Ill. A BNSF Railway freight train loaded with crude oil derailed in a rural area where the Galena River meets the Mississippi. (Mike Burley / Associated Press)

The only sign of trouble aboard a Norfolk Southern train, hauling roughly 9,000 tons of Canadian crude in western Pennsylvania last year, was a moderate sway in the locomotive as it entered a bend on the Kiskiminetas River.

The first 66 cars had passed safely around the curve when the emergency brakes suddenly engaged, slamming the train to a stop. The conductor trudged back nearly a mile through newly fallen snow to see what happened.

Twenty-one cars had derailed, one slamming through the wall of a nearby factory. Four tank cars were punctured, sending 4,300 gallons of crude pouring out of the tangled wreckage.

Freight train derailment
Cars are seen from a freight train derailment on Feb. 13, 2014, in Vandergrift, Pa. (Darrell Sapp / Associated Press)

The cause of the accident in North Vandergrift was identified as a failure in the rails — not aging or poorly maintained tracks, but a relatively new section laid less than a year earlier.

The February 2014 crash fits into an alarming pattern across North America that helps explain the significant rise of derailments involving oil-hauling trains over the last three years, even as railroads are investing billions of dollars in improving the safety of their networks. A review of 31 crashes that have occurred on oil trains since 2013 puts track failure at the heart of the growing safety problem.

Track problems were blamed on 59% of the crashes, more than double the overall rate for freight train accidents, according to a Times analysis of accident reports. Investigators and rail safety experts are looking at how the weight and movements of oil trains may be causing higher than expected track failures.

The growing number of trains hauling crude oil from Canada and the Northern Plains are among the heaviest on the rails today, many extending more than 100 cars in length and weighing a cumulative 19,000 tons or more.

Not since the early days of John D. Rockefeller’s oil trust have railroads played such a central role in moving oil from wells to refineries. Oil shipments by rail have soared — an 18-fold increase between 2010 and 2014 — as domestic oil production has escalated faster than the construction of new pipelines to carry it to market.

Concerns about the safety of hauling crude began to rise after the horrific Lac-Megantic accident in Quebec in July 2013 that left 47 people dead and the city’s downtown in ruins.

The Federal Railroad Administration is preparing in coming weeks to issue a new set of initiatives to address the track problems, after previously clamping tighter restrictions on tank car designs and railroad operations. But solving the track problems could be a formidable challenge.

Oil train crashes since 2013
Infographic: Oil train crashes since 2013

Sarah Feinberg, chief of the Federal Railroad Administration, said the agency is working hard to improve safety, but preventing accidents that result from defective track involves finding a needle in every haystack along thousands of miles of track.

“We have been incredibly lucky that the accidents have happened mostly in rural areas,” she said. “Some of them have been very close calls.”

The crashes have occurred as the nation’s railroad system is being asked to do more than at any time in history, putting additional wear and tear on the tracks. Since 2001, railroads have seen a modest 12% increase in the number of cars they haul, but a 24% jump in the more comprehensive measurement of cargo that looks at the weight and train mileage the system has to bear, known as ton-miles, according to industry data.

Though railroads have significantly improved safety in general, the oil train accidents are a worrisome trend in the opposite direction and not fully understood.

Of the 31 crashes involving crude or ethanol since 2013, 17 were related to track problems and 12 a mix of other causes. The cause of the two other crashes remains unclear. The count is based on both final or preliminary government and railroad investigations that were collected by The Times under the Freedom of Information Act or in U.S., Canadian and railroad company filings.

About two-thirds of the accidents resulted in spills, fires or explosions, a record that has already prompted regulators to demand stronger tank cars and other safety measures.

Weight, oil sloshing and cold temperatures are among the issues that might be exacerbating the problem, according to rail safety experts.

Investigators at Safety Transportation Board Canada, which is investigating the eight accidents that have occurred in that country, are beginning to suspect that the oil trains are causing unusual track damage.

“Petroleum crude oil unit trains transporting heavily loaded tank cars will tend to impart higher than usual forces to the track infrastructure during their operation,” the safety board said in a report this year. “These higher forces expose any weaknesses that may be present in the track structure, making the track more susceptible to failure.”

Rick Inclima, safety director at the Brotherhood of Maintenance of Way Employees, also said that oil trains could be creating unique stresses on the track. “You can certainly get some rhythmic forces in … oil trains that you might not see on a mixed freight train with cars of different sizes, weights and commodities,” he said.

The nation’s major railroads are investing record amounts of money to upgrade their tracks and improve safety. The seven class-one railroads, which haul the majority of the nation’s freight, are spending $29 billion this year on their systems, nearly double the level of 2001, according to the American Assn. of Railroads. The trade group did not have any response to The Times analysis of oil train accidents, though it said its member companies exceed federal requirements for inspection and safety.

But that has not eliminated the problem. While all types of derailments dropped 17% over the last three years, there are still more than three every day across the nation, involving trains carrying a variety of freight, according to federal safety data. Bad track accounts for about 27% of overall accidents, less than half the rate that track problems are contributing to oil train accidents.

Though railroad technology may seem antiquated in a digital age, it relies on incredible precision to control monstrously heavy loads. The track in North Vandergrift, Pa., where the Norfolk Southern accident occurred, carries about 30 million tons of freight every year.

The relentless pounding plays havoc with any metallurgical flaw. Wooden ties deteriorate as they age. And other track components crack.

Investigators attributed the Pennsylvania derailment to a “wide gauge” failure, in which the rails were pushed too far apart to keep the wheels on the tracks.

The freight tracks in the U.S. and most of the world are supposed to be 56.5 inches apart, a width known as the gauge. Just three inches of movement can cause a derailment. And even if tracks conform to federal standards, they can separate under the force of a heavy train.

“Wide gauge” is the single largest cause of accidents involving track defects. In the case of the Pennsylvania derailment, it was broken spikes that caused the rail to widen, even though the track had been replaced in 2012, according to Federal Railroad Administration officials.

Private railroad experts have suggested that the sloshing of oil inside the cars may also be involved in the derailments.

Tank cars are only partially filled with oil, allowing for expansion if the temperature increases. The tanks have internal baffles, but the liquid can still slosh as the cars move, causing higher dynamic loads, said Bill Keppen, an independent rail safety expert. “Sloshing increases the stress on the track,” he said.

Federal safety experts said if sloshing does have an effect, they do not consider it significant.

The Times examination of accident reports also shows the large majority of derailments occurred in below freezing temperatures, ranging down to 23 below zero in a crash this year in Ontario.

As temperatures drop, steel rails progressively shrink, amplifying the potential for any existing defect to cause a failure, FRA safety experts said in interviews. Frozen ballast, the crushed rock that forms the rail bed, also causes rail to undergo greater shocks under the load of heavy trains.

Federal regulators and the industry are trying to improve safety, but opinions are sharply divided about exactly what measures are needed.

The Federal Railroad Administration, for example, has ordered that crude-carrying trains can travel at no more than 40 miles per hour in urban areas. But the North Vandergrift train was going only 36 mph. Nineteen of the trains whose speeds are known were moving 40 mph or slower, and no train was going faster than 50 mph, records show.

The railroad administration has increased its track inspections and railroads have agreed to increase their own inspections, according to Matthew Lehner, the agency’s communications director.

“In the coming weeks, the Federal Railroad Administration plans to announce additional steps to prevent crude oil train derailments,” Lehner said.

Critics say that many of the safety initiatives adopted so far reflect a policy aimed at mitigating the damage caused by derailments rather than preventing them.

“The attention has changed,” said Brigham McCown, former chief of the federal agency that sets tank car standards. “I hear people say, ‘It happens, they derail.’ I think that is an untenable position. As a safety regulator, I don’t think you can ever say, ‘Things blow up,’ or ‘Things crash.’ I believe the Department of Transportation has myopically focused on incident mitigation. Prevention should be the first question they should address.”

Tests showed rail defect 2 months before W.Va. oil train derailed

Repost from McClatchyDC News

Tests showed rail defect 2 months before W.Va. oil train derailed

By Curtis Tate, October 9, 2015

HIGHLIGHTS:
• Feds identify broken rail as primary cause
• Flaw detected in two prior track inspections
• CSX, contractor will pay $25,000 in fines

Scorched and deformed tank cars await examination by federal investigators at Handley, W.Va., on Feb. 24, 2015. A CSX train carrying crude oil had derailed a week earlier, spilling nearly 400,000 gallons and igniting a fire that kept 100 people from their homes for four days.
Scorched and deformed tank cars await examination by federal investigators at Handley, W.Va., on Feb. 24, 2015. A CSX train carrying crude oil had derailed a week earlier, spilling nearly 400,000 gallons and igniting a fire that kept 100 people from their homes for four days. Curtis Tate – McClatchy

WASHINGTON – Two separate tests in the two months prior to a fiery oil train derailment in West Virginia earlier this year showed the presence of a rail defect, according to a report on the incident.

But neither the railroad nor the contractor who did the tests followed up on the results in December 2014 and January 2015, and the rail broke under a 107-car CSX train loaded with Bakken crude oil. The Feb. 16 derailment near Mount Carbon, W.Va., led to explosions, fires and the evacuation of 1,100 nearby residents.

On Friday, the Federal Railroad Administration said it had issued $25,000 civil penalties against both CSX and Sperry Rail Service, the contractor that performed the rail tests.

The railroad agency recommended that both companies enhance employee training and use improved technology. It also asked CSX to establish a plan to identify and correct track defects on routes used to ship crude oil.

Noting that track flaws are a leading cause of derailments, Sarah Feinberg, the agency’s acting administrator, said railroads hauling hazardous materials need to pay closer attention to track conditions.

“All railroads, not just CSX, must be more diligent when inspecting for internal rail flaws or when contracting out inspection work,” she said in a statement.

In a statement, CSX said it would develop additional inspection processes in collaboration with federal regulators.

“CSX intends to pursue these efforts to their maximum potential as part of our commitment to the safety of the communities where we operate, our employees and our customers,” said Kaitlyn Barrett, a spokeswoman.

According to the agency’s report, 24 of the 27 derailed tank cars sustained significant damage that released oil, fueling fires and explosions even in single-digit temperatures. One resident’s home was destroyed by fire, but no one was seriously injured or killed.

The Mount Carbon wreck was among six oil train derailments in North America this year and one of four in the U.S. All revealed vulnerabilities in the kinds of tank cars used to transport oil, as well as shortcomings in the inspection and maintenance of track and rail car wheels.

In April, the Federal Railroad Administration recommended improved wheel inspections. A broken wheel was suspected in the March 6 oil train derailment near Galena, Ill., though the agency has yet to announce an official cause.

In May, the U.S. Department of Transportation announced its final rule requiring more crash and fire resistance for tank cars used to transport flammable liquids, including crude oil and ethanol.

The recent push for improved track and tank cars in North America followed the July 2013 oil train disaster in Lac-Megantic, Quebec, where 47 people died. On Friday, a U.S. bankruptcy judge approved a $343 million settlement with the families of the victims.

Asked for info on bridge conditions, railroad carrying Bakken crude tells cities no

Repost from the Milwaukee Journal Sentinel

Asked for info on bridge conditions, railroad carrying Bakken crude tells cities no

By Lee Bergquist, Sept. 13, 2015
A flotilla of kayaks and boats and a small crowd onshore hold banners and beat drums Sunday to raise concerns about the transport by rail of oil through Milwaukee and across an aging railroad bridge at the confluence of the Menomonee and Milwaukee rivers near S. 1st Place.
A flotilla of kayaks and boats and a small crowd onshore hold banners and beat drums Sunday to raise concerns about the transport by rail of oil through Milwaukee and across an aging railroad bridge at the confluence of the Menomonee and Milwaukee rivers near S. 1st Place. | Michael Sears

Despite urging from a federal agency that railroads hand over more information on safety conditions of bridges, a carrier moving Bakken crude oil through Milwaukee says it doesn’t plan to provide such details.

Trains carrying Bakken crude go through downtown Milwaukee, leaving some residents afraid of what will happen if there is a spill. This train passes by the apartment of Brian Chiu on W. Oregon St. | Brian Chiu

Sen. Tammy Baldwin (D-Wis.) distributed a letter from Sarah Feinberg, acting administrator of the Federal Railroad Administration, in which the regulator urged railroad carriers to provide more information to municipalities on the safety status of bridges. Milwaukee officials have complained about the lack of information on the structural integrity of railroad bridges used by Canadian Pacific in the city.

“When a local leader or elected official asks a railroad about the safety status of a railroad bridge, they deserve a timely and transparent response,” Feinberg wrote.

“I urge you to engage more directly with local leaders and provide more timely information to assure the community that the bridges in their communities are safe and structurally sound.”

“CP’s position has not changed,” said Andy Cummings, a manager of media relations for the company.

“It is our policy to work directly with the Federal Railroad Administration, which is our regulator, on any concerns they have with our infrastructure.”

The exchange comes in the wake of growing concerns from communities along rail corridors used by railroads shipping a growing tide of oil from the Bakken region of North Dakota.

Those worries have been exacerbated by tanker accidents. The most notable is the July 2013 derailment of tankers that killed 47 people in Lac-Megantic, Quebec. The tankers had been routed through Milwaukee before the accident.

There have been no accidents involving crude in Wisconsin, but on March 5 a BNSF Railway train derailed and caught fire near Galena, Ill., after leaving Wisconsin. Twenty-one tankers derailed. Galena is about 10 miles south of the border.

In Milwaukee, one bridge in question is a 300-foot-long structure, known as a steel stringer bridge, at W. Oregon St. and S. 1st St. The bridge was constructed in 1919, according to Bridgehunter.com, which keeps a database of historic bridges.

Canadian Pacific said on Sept. 1 that it would encase 13 of the bridge’s steel columns with concrete to prevent further corrosion and to extend the life of the columns. The carrier said last week that a protective layer of concrete will be applied late this month.

Since last spring, neighbors have expressed worries about the integrity of the bridge, and since July city officials have sought details on the condition of the bridge.

In addition to the threat to human safety, environmental groups such as Milwaukee Riverkeeper say about three dozen bridges cross rivers and streams in the Milwaukee River basin.

On Sunday, a flotilla of kayaks and canoes paddled at the confluence of the Milwaukee and Menomonee rivers to underscore the connection between trains and the city’s waterways.

Bridges must be inspected annually by railroads. But railroads are not required to submit the information to the federal agency. Railroads also are not required to make the information available to the public.

Cummings said the bridge on S. 1st St. has been inspected by a railroad bridge inspector. “We are confident in its ability to safely handle freight and passenger train traffic,” Cummings said.

In her letter, Feinberg said the agency is “re-evaluating” its programs to determine whether it needs to take additional steps.

Common Council President Michael Murphy said he isn’t satisfied by Feinberg’s comments.

“I would liked to have seen a little more teeth in it,” he said.

Murphy said Canadian Pacific should be more transparent, adding that he expects the company to brief the council’s public safety panel soon on the bridge’s condition.

Baldwin and Minnesota Sen. Al Franken, also a Democrat, said in an editorial in the La Crosse Tribune last week that oil trains have put “hundreds of communities in Minnesota and Wisconsin at risk for the explosive crashes that come when an oil train derails.”

Nationally, trains carrying crude oil in the United States have jumped from 10,840 carloads in 2009 to 233,698 in 2012 to 493,127 in 2014, according to the Association of American Railroads.

Canadian Pacific is shipping seven to 11 Bakken crude trains a week through Wisconsin, including Milwaukee, according to the latest data sent to the Wisconsin Division of Emergency Management. BNSF is shipping 20 to 30 trainloads along the Mississippi River.

In a federal transportation bill that has passed the Senate but not yet the House, Baldwin and Franken said they added language that would make oil train information available for first responders. It would also give state and local officials access to inspection records of bridges.

Sunday’s paddle protest in Milwaukee was meant to highlight concerns by Milwaukee Riverkeeper and Citizens Acting for Rail Safety that the area’s aging bridges were not built to accommodate so much oil.

Cheryl Nenn of Riverkeeper said a rail accident that spilled crude could have long-lasting effects on the Milwaukee, Menomonee and Kinnickinnic rivers, and Lake Michigan, the city’s source of drinking water.

Complicating a potential oil spill in downtown Milwaukee is wave action from Lake Michigan, known as a seiche effect, where surging water from the lake can push water upstream, she said.

“The Milwaukee River is cleaner today than it has been in decades, and now we face a threat from crude oil,” Nenn said.