Tag Archives: Federal Regulation (U.S.)

Groups Sue Obama Administration Over Weak Tank Car Standards

Press Release from ForestEthics

Groups Sue Obama Administration Over Weak Tank Car Standards

The new safety standards issued by the Department of Transportation take too long to get dangerous tank cars off the tracks and contain loopholes that leave too many vulnerable
May 14, 2015, Eddie Scher, ForestEthics, (415) 815-7027, eddie@forestethics.org

San Francisco – In the wake of a spate of fiery derailments and toxic spills involving trains hauling volatile crude oil, a coalition of conservation organizations and citizen groups are challenging the U.S. Department of Transportation’s (DOT) weak safety standards for oil trains. Less than a week after the DOT released its final tank car safety rule on May 1, a train carrying crude oil exploded outside of Heimdal, North Dakota. Under the current standards, the tank cars involved in the accident would not be retired from crude oil shipping or retrofitted for another 5 to 8 years.

Earthjustice has filed suit in the 9th Circuit challenging the rule on behalf of ForestEthics, Sierra Club, Waterkeeper Alliance, Washington Environmental Council, Friends of the Columbia Gorge, Spokane Riverkeeper, and the Center for Biological Diversity.

“The Department of Transportation’s weak oil train standard just blew up in its face on the plains of North Dakota last week,” said Patti Goldman, Earthjustice attorney. “Pleas from the public, reinforced by the National Transportation Safety Board, to stop hauling explosive crude in these tank cars have fallen on deaf ears, leaving people across the country vulnerable to catastrophic accidents.”

Rather than immediately banning the most dangerous tank cars — DOT-111s and CPC-1232s — that are now used every day to transport volatile Bakken and tar sands crude oil, the new standards call for a 10-year phase out. Even then the standard will allow smaller trains — up to 35 loaded tank cars in a train — to continue to use the unsafe tank cars.

The new rule fails to protect people and communities in several major ways:

• The rule leaves hazardous cars carrying volatile crude oil on the tracks for up to 10 years.

• The rule has gutted public notification requirements, leaving communities and emergency responders in the dark about the oil trains and explosive crude oil rumbling through their towns and cities.

• New cars will require thicker shells to reduce punctures and leaks, but retrofit cars are subject to a less protective standard.

• The standard doesn’t impose adequate speed limits to ensure that oil trains run at safe speeds. Speed limits have been set for “high threat urban areas,” but very few cities have received that designation.

Click here for a close analysis of the hidden dangers buried in the federal tank car rule

“Explosive oil trains present real and imminent danger, and protecting the public and waterways requires an aggressive regulatory response,” said Marc Yaggi, Executive Director of Waterkeeper Alliance. “Instead, the Department of Transportation has finalized an inadequate rule that clearly was influenced by industry and will not prevent more explosions and fires in our communities. We hope our challenge will result in a rule that puts the safety of people and their waterways first.”

“We’re suing the administration because these rules won’t protect the 25 million Americans living in the oil train blast zone,” says Todd Paglia, ForestEthics Executive Director. “Let’s start with common sense – speed limits that are good for some cities are good for all communities, 10 years is too long to wait for improved tank cars, and emergency responders need to know where and when these dangerous trains are running by our homes and schools.”

LEGAL DOCUMENT: http://earthjustice.org/documents/legal-document/petition-for-review-groups-sue-obama-administration-over-weak-tank-car-standards 

BACKGROUND:

The National Transportation Safety Board has repeatedly found that the DOT-111 tank cars are prone to puncture on impact, spilling oil and often triggering destructive fires and explosions. The Safety Board has made official recommendations to stop shipping crude oil in these hazardous tank cars, but the federal regulators have not heeded these pleas. Recent derailments and explosions have made clear that newer tank cars, known as CPC-1232s, are not significantly safer, and the Safety Board has called for a ban on shipping hazardous fuels in these cars as well.

The recent surge in U.S. and Canadian oil production, much of it from Bakken shale and Alberta tar sands, led to a more than 4,000 percent increase in crude oil shipped by rail from 2008 to 2013, primarily in trains with 100 to 120 oil cars that can be over 1.5 miles long. The result has been oil spills, destructive fires, and explosions when oil trains have derailed. More oil spilled in train accidents in 2013 than in the 38 years from 1975 to 2012 combined.

ForestEthics calculates that 25 million Americans live in the dangerous blast zone along the nation’s rail lines.

REPORTER RESOURCES:

Q&A: The Challenge To The Federal Tank Car Standards

Map: Crude By Rail Across the United States

Quote Sheet By Officials On The Dangers of Shipping Bakken Crude in Hazardous Tank Cars

ForestEthics Map: Oil Train Blast Zone

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Oil & Rail PAC Industry Contributions to U.S. Reps, Senators, 2013-15

Repost from MapLight  Celebrating 10 years of Revealing Money’s Influence on Politics

 Railroads and Oil Companies Deliver Contributions to Subcommittees Overseeing Crude By Rail Legislation

By Daniel Stevens, May 12, 2015
Scott Prokop/Shutterstock

May 13, 2015 — On May 1, the Department of Transportation issued new regulations requiring railroad cars that transport crude oil to meet a new safety standard. The rules will require rail companies to, among other things, stop using the most at risk rail cars by 2018. Safety groups and members of Congress have been calling on the Department to issue new rules for years. Several members of Congress have said that the new regulations are still not strong enough. Meanwhile, railroads and oil companies have said the new rules will hamper their industries. The two industries have contributed heavily to the congressional subcommittees that oversee the regulation of railroads and that are responsible for legislation relating to the safety of crude oil trains. Oil & Rail PAC Contributions to Reps 2013-15 Campaign Contributions Data: A MapLight analysis of campaign contributions to the principal campaign committees of members of Congress from the political action committees (PACs) of the Association of American Railroads and Class I Railroad companies (BNSF, CSX Transportation, Kansas City Southern, Norfolk Southern, and Union Pacific); the American Petroleum Institute, and the top five oil companies (BP America, Chevron U.S.A., ExxonMobil, Occidental Petroleum, and Shell Oil Company) that lobbied about “crude by rail” during the first quarter of 2015. Contributions data source: Federal Election Commission. Lobbying data source: Clerk of the U.S. House of Representatives. House of Representatives

    • The PACs of the top railroad and oil companies, as well as their trade associations, contributed, on average, 2 times more money ($30,621) to members of the House Subcommittee on Railroads, Pipelines, and Hazardous Materials compared to the average member of the House ($15,244) during the 2014 election cycle (January 1, 2013 – December 31, 2014).
    • During the first quarter of 2015 (January 1, 2015 – March 31, 2015), the PACs of the top railroad and oil companies, as well as their trade associations, contributed, on average, 2.9 times more money ($5,210) to members of the House Subcommittee on Railroads, Pipelines, and Hazardous Materials compared to the average member of the House ($1,808) .

Oil & Rail PAC Contributions to Senators 2013-15 Senate

    • The PACs of the top railroad and oil companies, as well as their trade associations, contributed, on average, about the same amount ($19,000) to members of the Senate Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security compared to the average member of the Senate ($18,868) during the 2014 election cycle (January 1, 2013 – December 31, 2014).
    • During the first quarter of 2015 (January 1, 2015 – March 31, 2015), the PACs of the top railroad and oil companies, as well as their trade associations, contributed, on average, 1.8 times more money ($3,118) to members of the Senate Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security compared to the average member of the Senate ($1,740).

Campaign Contributions Methodology: MapLight analysis of campaign contributions to the principal campaign committees of members of Congress from the political action committees of the Association of American Railroads and Class I Railroad companies (BNSF, CSX Transportation, Kansas City Southern, Norfolk Southern, and Union Pacific); the American Petroleum Institute, and the top five oil companies (BP America, Chevron U.S.A., ExxonMobil, Occidental Petroleum, and Shell Oil Company) that lobbied about “crude by rail” during the first quarter of 2015 from recently available FEC data from January 1, 2013 – March 31, 2015.

MapLight is a 501(c)3 research organization that tracks money’s influence on politics.

Oil industry sues U.S. over train safety rules

Repost from The Fresno Bee

Oil industry sues government over train safety rules

By Curtis Tate, McClatchy Washington Bureau, May 12, 2015

The oil industry went to court Monday over the Obama administration’s new oil train safety rules, challenging the timeline for refitting tens of thousands of tank cars and the requirement for enhanced braking systems on the cars.

In its petition for review, filed Monday in the U.S. Court of Appeals for the District of Columbia Circuit, the American Petroleum Institute called the provisions, unveiled May 1 by the U.S. Department of Transportation, “arbitrary, capricious, (and) an abuse of discretion.”

The industry group asked the court to set aside the provisions. It did not challenge the department’s new standard for newly constructed tank cars carrying crude oil, ethanol and other flammable liquids.

The lawsuit names Transportation Secretary Anthony Foxx, Attorney General Loretta Lynch and Tim Butters, acting chief of the Pipeline and Hazardous Materials Safety Administration, the agency tasked with enforcing the rules.

In public statements and filings, the oil industry hinted that it would take legal action against the department’s new rules. It had said that the department’s proposed timeline for retrofitting the large fleet of DOT-111 tank cars wasn’t realistic. It also said that the benefits of installing electronic brakes on the tank cars didn’t justify the cost.

The rail industry’s principal trade group, the Association of American Railroads, also opposed the braking requirement, though it was more supportive of the retrofit timeline.

When asked about a potential legal challenge to its rules, Foxx said he expected that the courts would uphold the department’s power to regulate rail transportation.

“We believe strongly that our rule will stand up,” Foxx said on May 1.

This post has been updated to correct the federal court the suit was filed in.

Major oil train risk: bridge infrastructure – who will be the next Quebec?

Repost from FOX6Now, Milwaukee WI

“This needs to be fixed:” FOX6 finds a new “risk on the rails,” could Milwaukee be the next Quebec?

By Brad Hicks, May 12, 2015, 10:00pm


MILWAUKEE (WITI) — Last year, the FOX6 Investigators were the first to expose a new risk on the rails — a steady stream of long oil trains trekking across the state from North Dakota. The crude oil they carry from what’s called “The Bakken” is highly explosive. Since then, there has been growing public concern about these so-called “bomb trains” in Wisconsin. Now, there’s a new concern, in a neighborhood in Milwaukee.

When the mile-long oil trains lumber by Milwaukee’s Fifth Ward lofts, the cars come roller-coaster close to a renovated building. A sliver of light between brick and steel.

Fifth Ward railroad

From his fifth floor window, Brian Chiu has a front row seat.

“It’s so loud,” Chiu said.

But it’s not the noise that concerns him. The fear is five floors down.

Fracking technology has opened an oil spigot in North Dakota.

“It’s increased the amount of traffic on the railroads exponentially,” Wisconsin Railroad Commissioner Jeff Plale said.

The railroad traffic has increased by several thousand percent.

Bakken crude oil has a very high vapor pressure, meaning it can easily explode. And the tank cars carrying it?

“(They) were not designed to haul crude. A lot of them were designed to haul corn syrup,” Plale said.

When these trains have derailed, the cracker-thin tank cars have ruptured, with disastrous results. By far the worst incident occurred in Lac Megantic, Quebec. Forty-seven people were killed in the fireball.

Quebec train derailment

Three times this year, trains carrying crude have derailed in the United States. Last week in North Dakota, the sky turned gray with smoke.

In March, a train derailed across the border in Galena, Illinois. The wreckage burned for four days.

A week before that, a train derailed in West Virginia. Hundreds had to evacuate.

The train that derailed in North Dakota was headed toward Wisconsin. Two trains before that had just been here.

“We’re kind of at the epicenter of where this stuff is coming,” Plale said.

That brings us back to Brian Chiu and his Fifth Ward home — and those oil trains just feet from the Fifth Ward lofts, going over the S. 1st Street bridge.

FOX6 first photographed the concern in February — but it wasn’t until the snow and ice melted that we saw the full extent. “I beams” that support the bridge have rusted away at the base to wafer-thin strips of steel. In some spots, entire sections are just gone.

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Chris Raebel, an engineer at Milwaukee School of Engineering (MSOE) agreed to take a look at what the FOX6 Investigators found.

“My focus is on steel design — just like the bridge,” Raebel said.

Unlike most railroad bridges, which have elevated foundations, the piers on this century-old span reach right to the road — where every winter, salt eats away at the steel.

“That’s hit the base of the bridge and that`s corroding the metal,” Raebel said.

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In the past, some of the rusted piers supporting the bridge have been reinforced, but several columns have been corroded right through.

“At some point this needs to be fixed. This is not acceptable,” Raebel said.

FOX6 News received similar comments from other structural and civil engineers who saw the photos, but they didn’t want to be identified because they may do business with the railroads. They said things like:

“The level of rust and deterioration is a serious structural problem. They should be contacted immediately.”

And: “I would definitely report these conditions to the owner of this bridge without further delay.”

Canadian Pacific Railroad should already be aware. Canadian Pacific owns the bridge and is required to inspect it each year. In a written reply to a FOX6 request for those records, the company said it “meets or exceeds all federal requirements,” and that the bridge was last inspected in the winter. Canadian Pacific wouldn’t tell us exactly when that was — and whether there was snow on the ground. Canadian Pacific refused to show FOX6 News any of the inspection reports.

FOX6 asked them again earlier this months at a Common Council meeting in Milwaukee.

“We`ve given you a statement on that and we won`t have anything to add,” a Canadian Pacific representative said.

Canadian Pacific had been invited to Milwaukee to answer questions about the oil trains. Canadian Pacific’s brash brush off didn’t sit well with some Common Council members.

“You don`t give that image to the community that your facilities are safe. You don`t give us that confidence,” Milwaukee Alderman Terry Witkowski said.

Ken Wood knows what these inspections entail.

“I’m a structural engineer. My main focus is bridges. I`ve been working with bridges for 20 years — bridge design, bridge inspection, bridge rehabilitation,” Wood said. “You`re going to be looking for fatigue cracks, and the other thing you`d look for is corrosion, certainly, on a bridge — because corrosion is basically taking away the cross section.”

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If you look at the base of the “I beams” on the bridge in the Fifth Ward, you’ll see layers and layers of flaking — in some places, more than an inch thick. That doesn’t happen quickly.

“It`s been some time, that`s for sure,” Wood said. “What happens during corrosion is the steel expands, sometimes seven to eight times what it is, so you can see that actually happening in the base here,” Wood said.

FOX6’s Brad Hicks: “How do you even inspect this with that much flaking on there without removing the flaking?”

“They would have to remove flaking to see what`s underneath and take some measurements with calipers to find out how much area they perceive is left,” Raebel said.

So that’s what the FOX6 Investigators did.

The beam is nine-tenths of an inch thick, but at the base, only four-tenths of an inch is left. The column is just over an inch thick. Corrosion has eaten it down to less than half that.

FOX6’s Brad Hicks: “The kind of thinning we`re seeing here, does that impact the load capacity of a bridge like this?”

“Yes,” Raebel said. “They have a certain amount of steel they need to resist the load from above.”

And that load is greater than ever.

Engines alone weigh three times what they did when the bridge was built in 1914. And a one-mile train weighs more than 25 million pounds.

“Now a two-mile long train is relatively common,” Plale said.

And with trains like that moving over the bridge daily — metal fatigue adds up.

“Is the bridge really built, with all that rust and all that corrosion, to support that kind of weight?” Chiu wonders.

Officials in the state of Wisconsin had the same question. In 2006, a study was commissioned on the impact heavier trains have on state-owned railroad bridges. That study concluded “many within the railroad industry are concerned that the aging bridge infrastructure will no longer be able to withstand the increased loadings.”

One bridge engineer who examined FOX6’s pictures said the problem may not be that bad, because in theory, you could cut a vertical pier in two horizontally, and it would still hold up the bridge. But that’s assuming you still have inch-thick “I beams” — not corroded columns.

The concern here isn’t that the bridge will completely collapse — but that if a column gives way and the load shifts and the train tips — with the Fifth Ward lofts just feet away, could Milwaukee become another Quebec?

“I would encourage the owner of the bridge to seriously look at this and consider repairs. And it seems like it should be done soon,” Raebel said.

To their credit, the railroads, including Canadian Pacific, have been at the forefront — pushing the federal government for stricter tank car standards. The railroads don’t actually own the tank cars — the oil companies and third-party leasers do.

Eleven days ago, the federal government announced new cars need to be thicker, and the old ones need to be retrofitted within five years.

The federal government is the only entity that can demand the railroad turn over its inspection reports on the bridge. For two months, FOX6 News repeatedly asked the Federal Railroad Administration if it has any of Canadian Pacific’s inspection audits for the S. 1st Street bridge. The agency hasn’t responded.

Local municipalities like Milwaukee are pretty powerless when it comes to regulating the railroads.

On Tuesday, May 12th, the Milwaukee Common Council approved a resolution urging federal regulators to immediately inspect all tracks, bridges and crossings on which Bakken crude oil is carried — but at the end of the day, that’s simply a request.

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