Tag Archives: Federal Regulation (U.S.)

Rules on oil train, pipeline safety not moving fast enough, lawmakers say

Repost from The Tri-City Herald

Rules on oil train, pipeline safety not moving fast enough, lawmakers say

By Curtis Tate, McClatchy Washington Bureau, April 14, 2015

A chorus of lawmakers expressed frustration Tuesday with the delays in approving and implementing various regulations related to the movement of hazardous materials by rail and pipeline.

The acting chiefs of two U.S. Department of Transportation agencies heard Republicans and Democrats in the House Transportation Committee complain that rules on railroad tank cars and oil and gas pipelines had been on the table for as long as four years.

“It’s just unacceptable,” said Rep. Michael Capuano, D-Mass., the ranking member of the Subcommittee on Railroads, Pipelines and Hazardous Materials.

Sarah Feinberg of the Federal Railroad Administration and Tim Butters of the Pipeline and Hazardous Materials Safety Administration noted that they have little choice but to work within a multi-step process that involves public comment, industry participation and multiple layers of review by the White House Office of Management and Budget.

“It’s not built for speed,” Feinberg testified. “I wish that it was.”

Butters said that his agency had received 30,000 comments on its proposed rule to improve the safety of oil trains. He said the agency needed to evaluate them as part of its process.

“We have to go through all of those,” he said. “And that takes time.”

But a series of train derailments and pipeline failures in recent years has caught the attention of members of Congress, who are hearing concerns from their constituents.

“That’s just an excuse,” said Rep. Jeff Denham, R-Calif., the panel’s chairman. “Four years is too long.”

Last week, Feinberg visited Denham’s district in Central California to discuss pending rules on the construction of tank cars used to carry flammable liquids, the way the trains are operated and the way the tracks are inspected and maintained.

She also visited the Sacramento-area district of Rep. John Garamendi, a Democrat who last month introduced legislation to regulate the volatility of crude oil loaded into tank cars. Texas and North Dakota, the nation’s leading oil producers, currently set such limits.

Garamendi proposed that the committee write the new rules into the larger surface transportation bill Congress needs to pass this year.

“We could write laws that protect the public,” he said. “Why don’t we do that?”

Acts of Congress don’t always make things go faster. In 2008, lawmakers mandated that railroads install a GPS-based collision-avoidance system called Positive Train Control by the end of 2015. But the nation’s freight and passenger railroads are likely to miss the Dec. 31 deadline.

Once the new oil train rules become final, it could take years to retrofit or replace tens of thousands of tank cars used to transport the country’s supply of crude oil and ethanol.

As a sign of how slowly the process moves, Capuano noted that BNSF, the nation’s biggest hauler of crude oil in trains, has gotten ahead of regulators by voluntarily lowering train speeds, increasing track inspections and encouraging shippers to use better tank cars.

“Whose butt do we have to kick?” he asked. “Whose budget do we have to cut? Whose budget do we have to enhance to make this work?”

Emergency Management Magazine: The Ticking Rail Car

Repost from Emergency Management Magazine
[Editor:  An excellent online comment appears following this article: “Wultcom” writes, “As always it is heartening to see how first responders rise to the occasion to protect us all.  If only such heroism rubbed off just a little on the railroad industry.  The creation of courses for first responders is praiseworthy. But it does create a false sense of security, for when Bakken crude explodes, the force of the fire is too great to allow firefighters to get anywhere near it.  The first duty of government is to protect citizens, not shareholders.  The rail industry takes advantage of lax regulators, pro-business governments, frail labor unions, and our desire for oil independence to roll the dice on safety.  They run 150 ton tank cars on 8000 foot trains with skeletal crews, well dictated by the profit motive.  An alliance of railway workers, environmentalists, and blast zone citizens can force a safer method of transporting crude oil.”  – RS]

The Ticking Rail Car: First Responders Are Preparing for the Worst

Railways are now carrying highly explosive Bakken crude oil, making emergency managers’ jobs even tougher.

By Jim McKay | April 10, 2015
Train carrying Bakken crude oil
Millions of people are potentially at risk from trains like this one carrying Bakken crude oil. Flickr/Brewbooks

Emergency managers have been asked in recent years to do a lot more with fewer resources. That job got even tougher with the advent of oil shipments from the Bakken shale region of North Dakota via rail around the country.

Bakken is obtained by hydraulic fracking and horizontal drilling, which has increased since 2000 and can be highly explosive. And there have been several train derailments recently, including one in Lac-Megantic, Quebec, in July 2013 that killed 47 people.

In the U.S., a train carrying Bakken crude oil derailed in West Virginia on Feb. 16, 2015, sending orange flames skyward for days. There have been other derailments, and there’s concern of a scene like the one in Quebec happening in a major U.S. city, including those in Pennsylvania. A report by PublicSource said 1.5 million people are potentially at risk if a train carrying crude oil derails and catches fire there.

Emergency managers are concerned and doing what they can to mitigate a derailment and possible explosion in their backyards. There’s training available but questions remain: Do emergency managers have all the information they need? Can one locale handle an explosion caused by a 30,000-gallon oil tanker incident?

“From a people standpoint, the worst-case scenario is if you have one or more of these cars breach and start on fire,” said Rick Edinger, assistant chief of the Chesterfield County, Va., Fire and EMS Department and a hazardous materials expert. “There’s an ongoing debate about how volatile crude oil is. The feds and industry are coming to realize now that it really depends on where the oil comes from.”

Because of that and other reasons, it’s important to understand the nature of the product, according to Robert Gardner, technological hazards coordinator for the Maine Emergency Management Agency. Emergency managers should study lessons learned and best practices and have safety data sheets. This information should be part of a risk assessment that lets first responders develop agency-specific response protocols that ensure responder safety and accounts for those exposed to potential fire.

Regional planning groups such as local emergency planning committees should review the routes that trains may use and identify sensitive receptors like water supplies, fisheries or agricultural areas.

Good to Know

There’s ongoing debate about what information communities and emergency managers should know about train routes and shipments of crude.

“Flow studies have been around for a long time and that’s an old tool that could be applied to figure out what’s going through your community,” Edinger said. “You may not have it down to the gallon and the day, but you have a great sense of what’s coming through and frankly, from a hazmat standpoint, I don’t need to know a specific time, I just need to know the worst-case scenario.”

Gardner said that in terms of actual shipments, there’s never enough information available. “We may know when a unit over a million gallons may be coming or where they are traveling, but those trains carrying fewer than 30 cars become unknowns,” he wrote in an email.

Some railroads have systems in place that allow for real-time knowledge of what any particular train may be carrying and the tanks’ location in the train.

Gardner said planning for Bakken crude oil transport is no different from any other hazardous material or even natural gas because you have an assessment and understand what you’re planning for and the role of those involved. But he acknowledged that the volume of the product is a concern.

The biggest concern for many is that one or more cars loaded with crude breach can start a fire. “Once you get past anything the size of a 9,000-gallon oil tanker, very few departments have the resources or capability to mitigate anything bigger,” Edinger said. “If you’re talking about a 30,000-tank car incident, even that would be beyond the capabilities of most departments in the initial stages, anyway.”

New federal rules instituted last year require carriers to notify state emergency response commissions about the transport routes of cars carrying at least 1 million gallons of crude from Bakken. But some emergency managers say that doesn’t go far enough and doesn’t include the typical load of 30,000 gallons.

Training is available for mitigating such a circumstance, but managing the volume of an incident that size could be daunting, Edinger said. “With the exception of a couple of departments, most can’t afford to stock and maintain the resources you would need to even approach doing something with one of these incidents.”

Gardner said the local Maine railroads have worked to educate first responders on rail safety. “This is of particular importance as rail employees have the specific knowledge of cars and engines that not all responders have, but need [in order] to have a safe response.”

Need Some Help

Gardner said it would help if the railroads could assist with the cost of the “gap pieces” of response equipment that have been identified as needed through the assessments. “It would be an immense help to many of the small volunteer agencies that we have in Maine and throughout the nation,” he wrote.

An examination of the tank car fleet that carries flammable liquids may be necessary as well. Canada has banned certain cars that are known to be unsafe in crash situations, but the U.S. has lagged. Part of the reason is the price. It would cost up to $1 billion to retrofit all of the 300,000 DOT-111 tank cars in use and take years.

“The dialog is going in a good direction,” Edinger said. “There seems to be agreement within public safety and the rail industry that we can do better with the construction of cars and that will improve, and perhaps prevent some incidents from happening.”

Federal, state and local officials gather in Davis California to discuss oil train safety legislation

Repost from The Vallejo Times-Herald
[Editor:  Thanks to Rep. Garamendi for his sponsorship of HR1679 to require Bakken oil stabilization before it is loaded onto oil trains.  But you can add Garamendi’s name to the long list of officials who show little interest in stopping bomb trains, who operate under the illusion that “safer” is ok.  Quote: “He added that the push isn’t to stop transportation of oil by rail, but to make it safer….”  – RS]

Crude oil-by-rail safety focus of proposed bill

By Melissa Murphy, 04/08/15, 10:05 PM PDT
U.S. Congressman John Garamendi, D-Solano, pauses as a freight train passes during a press conference at the Davis Amtrak Depot on Wednesday to highlight the need for state and federal action to improve the safety of crude oil-by-rail transports. Joel Rosenbaum — The Reporter
Solano County Supervisor Skip Thomson expresses his concerns about rail safety as he participates in a press conference on the issue Wednesday in Davis. Joel Rosenbaum — The Reporter

Transportation of crude oil by rail was a hot topic Wednesday as federal, state and local government officials gathered at the train depot in the city of Davis.

Congressman John Garamendi, D-Solano, addressed media during a press conference about his legislation, H.R. 1679, which would prohibit the transport of crude-by-rail unless authorities have reduced the volatile gases in the oil prior to transportation.

Specifically, maximum Reid vapor pressure of 9.5 psi, the maximum volatility permitted by the New York Mercantile Exchange for crude oil futures contracts.

“Further analysis and debate is warranted, and H.R. 1679 is intended to move debate forward and stress the urgency of action before more lives are needlessly lost,” Garamendi said. “It doesn’t have to be explosive.”

He added that the push isn’t to stop transportation of oil by rail, but to make it safer and that the federal government needs to get its “train in gear” to adopt regulations.

Sarah Feinberg, acting administrator of the Federal Railroad Administration, said even though the issue is complicated, they’re working on a comprehensive approach.

She explained that there has been a 4,000 percent increase in the amount of crude by rail. It continues to be transported by rail, pipeline and truck.

While it will take a long time to create and pass new regulations and standards, interim steps have been taken, including additional emergency regulations, speed reductions, increased inspections and more emergency equipment.

“We’ll continue to do more,” she said.

Standing next to photos of two fiery oil car train explosion, one that occurred as recently as February in West Virginia, Davis Mayor Dan Wolk said the trains go through the heart of the city, and there is a high risk if crude-by-rail starts moving through the corridor.

“It could have catastrophic effects in our community,” he said. “Garamendi’s legislation is in perfect alignment with city objectives. Safety is the priority.”

Solano County Supervisor Skip Thomson agreed and added that the legislation needs to be passed as soon as possible.

Other steps have been taken by the California Office of Emergency Services.

Eric Lamoureux, inland regional administrator for OES, said six hazardous materials vehicles stand ready to respond throughout the state and within the next few months local exercises will test the systems and procedures in place.

Lamoureaux also explained that explosions are a concern, but there also is a risk to water supply. He shared that a derailment in November sent eight train cars and loads of corn into Feather River Canyon near Lake Oroville.

He added that it could have been a bigger issue if it was crude oil.

Garamendi also explained that the process of removing volatile gases isn’t new, but a regular standard for refineries in Texas.

Meanwhile, the city of Benicia is considering an application that would allow Valero Refinery to receive and process more crude oil delivered by rail. The proposed crude by rail project would be a third means to deliver crude oil. So far, Valero receives the crude oil by marine deliveries and pipeline.

According to the city of Benicia website, the city has determined that sections of the Draft Environmental Impact Report, when it comes to the Valero project, will need to be updated and recirculated. The anticipated release of the Recirculated Draft EIR for public comment is June 30. The Recirculated Draft EIR will have a 45-day comment period. After the comment period on the Recirculated DEIR closes, the city will complete the Final EIR which will include responses to all comments on the original Draft EIR and the Recirculated Draft EIR.