Tag Archives: Federal Regulation (U.S.)

Bakken Crude, Canadian regulation, CPC-1232, Crude By Rail, Federal Regulation (U.S.), Tank car design, Tar sands crude, Train braking systems, Train speed

Canada proposes tough new oil tank standards after string of crashes

Repost from CTV News

Canada to propose tougher oil tank standards after a string of crashes

Rob Gillies and Joan Lowy, March 12, 2015 1:22AM EDT              
CN Rail derailment
A CN Rail train derailment near Gogama, Ont., is shown in a Sunday, March 8, 2015 handout photo. (THE CANADIAN PRESS / HO – Glenn Thibeault)

TORONTO — The Canadian government has proposed tough new standards for rail tank cars used to transport crude oil in response to a string of fiery crashes. The proposal, posted online Wednesday by Transport Canada, would require the cars to have outer “jackets,” a layer of thermal protection, and thicker steel walls.

The requirements are tougher than the oil industry wanted. But the proposal doesn’t include electronically controlled brakes that automatically stop train cars at the same time instead of sequentially, which are opposed by freight railroads. Regulators said they will take that issue up separately

Final regulations are expected by mid-May. U.S. officials have been working closely with Canada on the regulations and the White House is reviewing a draft proposal.

There have been four oil train derailments in the U.S. and Canada since mid-February. A runaway oil train derailed in Lac-Megantic Quebec in 2013, killing 47 people.A U.S. Transportation Department analysis predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, causing more than $4 billion in damage and possibly killing hundreds of people if an accident happens in a densely populated part of the U.S.

New standards were enacted after Lac Megantic, but safety officials on both sides of the border called for even stronger measures after fiery derailments continued to happen despite the new tank cars standards.

The newest standard calls for a hull thickness of 9/16th of an inch, up from 7/17th of an inch and makes thermal jackets mandatory.

“The proposed requirements are still subject to final approval,” said Zach Segal, a spokesman for Transport Minister Lisa Raitt. “We are working to have this done in an expedited manner.”

Segal said Transport Canada is working in collaboration with the U.S and “wants this done and published as soon as possible.?” Segal said Prime Minister Stephen Harper’s cabinet will have final approval.

The Transport Canada proposal is a “pretty clear indication” of what final regulations are likely to look like, said Ed Hamberger, president of the Association of American Railroads.

“These are important protections to both help mitigate the potential for rupture of a tank car, as well as limiting the severity of an incident,” he said.

The oil and rail industries want thinner tank walls — half an inch thick, instead of the 9/16ths-inch that regulators propose. The thicker the shell, the less oil a tank car can hold, and with about a half-million carloads of crude hauled by rail in the U.S. and Canada last year, the cost difference could add up.

The tank cars in the recent accidents were built to a voluntary standard written by industry representatives in 2011 to answer criticism that cars used to transport flammable liquids were prone to rupture in an accident and spill their contents and ignite spectacular fires. But most recent accidents show that the newer cars — known as 1232s — also are prone to rupture, even at slow speeds. Trains involved in four recent accidents were travelling under 40 mph (64 kph).

The White House budget office is reviewing a draft proposal for a sturdier tank car design, as well as other safety proposals. U.S. and Canadian officials have been working closely together to co-ordinate the regulations since the tank cars move back and forth across the border. Railroads and shippers have said if there were separate regulations in each country it could cause significant shipping delays and raise costs.

The railroad association and officials from CSX, Norfolk Southern and Burlington Northern-Santa Fe argued against requiring the electronically controlled brakes in a meeting with White House officials last week, according to a document posted online by the government. They say the government has underestimated the cost of equipping tank cars with the brakes and overestimated the safety benefits. Railroads complain that electronically controlled brakes would cost them $12 billion to $21 billion.

The oil industry has rapidly moved to using trains to transport oil, in part because of oil booms in North Dakota’s Bakken region and Alberta’s oil sands, and because of a lack of pipelines.

Bakken Crude, Benicia City Council, Benicia Planning Commission, CPC-1232, Crude By Rail, Derailment, Explosion, Federal Regulation (U.S.), Oil stabilization, Positive Train Control, Tank car design, Train braking systems, Valero Benicia Refinery, Valero Crude By Rail, Valero Energy Corporation

BENICIA HERALD LETTER TO THE EDITOR: Dr. James Egan: Deny Valero’s application

From The Benicia Herald (Benicia Herald letters appear only in the print edition)
[Editor:  Dr. Egan’s letter is a welcome contribution, expressing the growing conviction of many throughout North America, that crude-by-rail is simply unsafe under current conditions, and should be not be permitted at this time.  See also Dr. Egan’s 9/14/14 comments addressing the Valero Crude By Rail Draft EIR.  – RS]

Timely decision on crude by rail warranted: Deny Valero’s application

By James Egan, M.D., Benicia, March 10, 2015

The headline in the Feb. 5, 2015 edition of The Herald, “Another delay as crude-by-rail project debate enters 3rd year,” signals sympathy toward the Valero Benicia Refinery as regards its Crude by Rail (CBR) Use Permit Application, currently before the Planning Commission.  While it is difficult working up crocodile tears for a multi-billion-dollar international oil corporation, the energy and expense invested in forwarding this project bear acknowledgement, and a timely decision on the application should be made out of fairness to the applicant.  To that end, I would like to suggest that the Planning Commission and the City Council have enough information available to take action at any time.  The application should be denied on the basis of rail safety.

On Feb. 17 of this year a crude oil train derailed and exploded in Mount Carbon, W.Va.  Three million gallons of Bakken crude spilled from 26 ruptured tank cars, forcing the evacuation of two nearby towns.  Two days prior, another oil train derailed and caught fire in Ontario, Canada.  Last Thursday, March 5, 21 cars carrying Bakken crude derailed, split and exploded near Galena, Ill.  Another of the dozens of oil- or ethanol-train accidents involving a fire, derailment or significant fuel spill reported in the U.S. or Canada since 2006 was the Lynchburg, Va. derailment and fire in April 2014.

The significance of this particular series of railway disasters to the citizens of Benicia is that they all involved CPC-1232 tank cars, the same cars that Valero would use for the transportation of crude to its facility in Benicia, according to the Draft Environmental Impact Report.

In a Feb. 23 editorial titled, “Get rid of exploding tank cars,” the San Francisco Chronicle states that “Valero Energy Co. has agreed to haul Bakken crude to its Benicia bayside refinery in the newer CPC-1232 cars as part of its city permit application to revamp its facilities to receive crude by rail rather than by oceangoing tanker.  But that promise now appears inadequate to protect the safety of those in Benicia as well as in other communities – Roseville, Sacramento, Davis – along the line.”

The same edition of the Chronicle details a report from the Department of Transportation predicting that trains hauling crude oil or ethanol will derail 15 times in 2015 and average 10 times yearly over the next two decades, causing $4.5 billion in damage with potential fatalities of more than 200 people in a given accident.  This may actually be an underestimate based on recent major derailment rates.

Friends and foes of CBR alike agree that the transportation of crude oil by rail involves inherent risk.  Can’t we also agree that the risk should be reduced to the greatest extent possible before inviting these potentially explosive trains to Benicia?  Lowering the risk of tank car derailment, rupture and explosion now should translate into saved human lives and prevention of environmental disasters in the future.

The danger can, in fact, be mitigated.  The crude can be stabilized prior to its transportation by extraction of its most volatile components.  North Dakota has implemented standards making this mandatory for Bakken crude, but many feel that their new guidelines are overly lax.  New federal regulations due to be released in May could further address this, as would rail safety measures such as Positive Train Control and electronically controlled pneumatic brakes.  New, safer tank cars designed specifically to carry this type of crude have been designed and are in production.

Unfortunately, the new federal guidelines will likely require years for full enforcement, and complete phaseout of the existing, unreliable tank car fleet by newer, stronger cars, such as the Greenbrier HM-251, will also require years of effort.

Accordingly, if we agree that the risks of transportation of crude by rail should be absolutely minimized prior to approving the CRB project, we have to acknowledge that this is currently beyond Valero’s reach and the Use Permit Application should be denied.

Those who would roll the dice and approve the current application should consider how comfortable they will feel with that decision once they find themselves in a front row seat at the Park/Bayshore railroad crossing watching fifty tank cars containing 1,470,000 gallons of potentially explosive crude rumble by on the same spur line that has seen derailment of five train cars since Nov. 4, 2013 (in addition to the two locomotives that derailed on Sept. 7, 2014 near the port).

Kudos to Planning Commission members for the time and energy spent on fairly evaluating this project.  It would seem that as time has passed the correct path forward has become much clearer.  At this point, the ongoing health and well-being of all Benicians should hold foremost importance in the decision-making process.  Their protection is the least we can expect from our city government.

James Egan, M.D.

Bakken Crude, Derailment, Diluted bitumen (Dilbit), Emergency Readiness & Response, Evacuation zone, Explosion, Federal Regulation (U.S.), Fire, Massive increase in crude-by-rail, Moratorium, Rivers, Tar sands crude, Volatile gases, Wildlife

Fourth Oil Train Accident in Three Weeks Shows Need for Immediate Moratorium

Repost from The Center for Biological Diversity

Another Oil Train Derails and Catches Fire in Ontario

Fourth Oil Train Accident in Three Weeks Shows Need for Immediate Moratorium

Center for Biological DiversityGOGAMA, Ont.— An oil train derailed and caught fire early this morning in Ontario near the town of Gogama, the second such incident in Ontario in three weeks, and the fourth oil train wreck in North America in the same time period. Since Feb. 14, there have also been fiery oil train derailments in West Virginia and Illinois. The Illinois wreck occurred just two days ago, and the fire from that incident is still burning.

“Before one more derailment, fire, oil spill and one more life lost, we need a moratorium on oil trains and we need it now” said Mollie Matteson, a senior scientist with the Center for Biological Diversity. “The oil and railroad industries are playing Russian roulette with people’s lives and our environment, and the Obama administration needs to put a stop to it.”

In the United States, some 25 million people live within the one-mile “evacuation zone” of tracks carrying oil trains. In July 2013, a fiery oil train derailment in Quebec resulted in the loss of 47 lives and more than a million gallons of oil spilled into a nearby lake. A report recently released by the Center for Biological Diversity also found that oil trains threaten vital wildlife habitat; oil trains pass through 34 wildlife refuges and critical habitat for 57 endangered species.

Today’s Ontario accident joins an ever-growing list of devastating oil train derailments over the past two years. Oil transport has increased from virtually nothing in 2008 to more than 500,000 rail cars. Billions of gallons of oil pass through towns and cities ill-equipped to respond to the kinds of explosions and spills that have been occurring. Millions of gallons of crude oil have been spilled into waterways. In 2014, a record number of spills from oil trains occurred.

There has been a more than 40-fold increase in crude oil transport by rail since 2008, but no significant upgrade in federal safety requirements. The oil and rail industries have lobbied strongly against new safety regulations that would help lessen the danger of mile-long trains carrying highly flammable crude oils to refineries and ports around the continent. The Obama administration recently delayed for several months the approval of proposed safety rules for oil trains. The proposed rules fall short because they fail to require appropriate speed limitations, and it will be at least another two and a half years before the most dangerous tank cars are phased out of use for the most hazardous cargos. The oil and railroad industries have lobbied for weaker rules on tank car safety and brake requirements.

The administration also declined to set national regulations on the level of volatile gases in crude oil transported by rail, instead deciding to leave that regulation to the state of North Dakota, where most of the so-called “Bakken” crude originates. Bakken crude oil has been shown to have extremely high levels of volatile components such as propane and butane but the oil industry has balked at stripping out these components because the process is expensive and these “light ends” in the oil bring a greater profit. The North Dakota rules, which go into effect next month, set the level of volatile gases allowed in Bakken crude at a higher level than was found in the crude that set the town of Lac Mégantic, Quebec on fire in 2013, or that blew up in the derailment that occurred last month in West Virginia.

The crude involved in today’s accident may be another form of flammable crude, called diluted bitumen, originating in Alberta’s tar sands region. The Feb. 14 derailment and fire in Ontario on the same rail line involved an oil train hauling bitumen, otherwise known as tar sands.

“Today we have another oil train wreck in Canada, while the derailed oil train in Illinois is still smoldering. Where’s it going to happen next? Chicago? Seattle?” said Matteson. “The Obama administration has the power to put an end to this madness and it needs to act now because quite literally, people’s lives are on the line.”

In addition to its report on oil trains, the Center has sued for updated oil spill response plans, petitioned for oil trains that include far fewer tank cars and for comprehensive oil spill response plans for railroads as well as other important federal reforms, and is also pushing to stop the expansion of projects that will facilitate further increases in crude by rail.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 825,000 members and online activists dedicated to the protection of endangered species and wild places.

Bakken Crude, CPC-1232, Crude By Rail, Derailment, DOT-111, Explosion, Federal Regulation (U.S.), Fire, Rivers, Tank car design

EPA: Illinois oil train derailment threatens Mississippi River

Repost from McClatchy DC News
[Editor: In addition to breaking news about the EPA’s order of “imminent and substantial danger,” this article is an excellent summary of five recent hazmat derailments in as many weeks.  – RS]

EPA: Illinois oil train derailment threatens Mississippi River

By Curtis Tate, McClatchy Washington Bureau, March 7, 2015
Oil Train Derailment Illinois
Smoke and flames erupt when a train derailed Thursday, March 5, 2015, near where the Galena River meets the Mississippi in Illinois. On Saturday, March 7, the Environmental Protection Agency said the spill posed an environmental threat to the region. MIKE BURLEY — AP/Telegraph Herald

WASHINGTON — An oil train derailment and spill in northwest Illinois poses an “imminent and substantial danger” of contaminating the Mississippi River, the U.S. Environmental Protection Agency said Saturday.

The spill from the derailment, which occurred Thursday, also threatens the Galena River, a tributary of the Mississippi, and the Upper Mississippi National Wildlife and Fish Refuge, one of the most complex ecosystems in North America.

The EPA said it couldn’t estimate how much oil was spilled, but that the 21 cars of the 105-car BNSF Railway train that derailed contained 630,000 gallons of Bakken crude from North Dakota. Small fires from the wreckage continued to burn Saturday.

Earlier Saturday, another oil train derailed and caught fire near Gogama, Ontario, bringing to five the total number of fiery derailments in the U.S. and Canada in as many weeks.

The safety of trains carrying flammable materials has become an issue as the introduction of new drilling technology has allowed the development of crude oil deposits far from traditional pipelines, particularly in the so-called Bakken formation in North Dakota. Rail has become the preferred way to transport that crude to refineries, with railroads moving about 500,000 carloads of oil last year, according to industry estimates, up from 9,500 in 2008. One tank car holds 30,000 gallons.

But recent derailments have cast doubt on the effectiveness of safety efforts and suggest that no tank car currently in service on the North American rail system is tough enough to resist damage in relatively low-speed derailments.

According to the Federal Railroad Administration, which is investigating the Illinois derailment, the train was traveling at just 23 miles per hour when it left the tracks, well below the maximum speed allowed. The damaged tank cars were newer CPC-1232 tank cars, which are supposed to be safer than previous ones, but have failed in at least four derailments this year and at least two in 2014.

Saturday’s derailment of a Canadian National Railway train took place about 23 miles from where another oil train derailed on the same rail line three weeks ago. The railroad said on Twitter Saturday afternoon that five cars were in a local waterway, some of them on fire. About 264,000 gallons of oil were released in the Feb. 14 derailment. The Transportation Safety Board of Canada is investigating both accidents.

The Illinois derailment is the second in three weeks on U.S. rails. On Feb. 16, 28 cars of a 107-car CSX train derailed in Mount Carbon, W.Va., and 19 caught fire. One house was destroyed and more than 100 residents were evacuated for four days. Many residents and first responders witnessed columns of fire rising hundreds of feet in the air as several of the tank cars ruptured from heat exposure.

A Canadian Pacific train carrying ethanol derailed on Feb. 4 along the Upper Mississippi north of Dubuque, Iowa. The EPA estimates about 55,000 gallons spilled, some of which burned and some of which was recovered from the icy river.

In a statement Saturday, BNSF said a temporary road was being built to the Illinois site, about four miles south of Galena, to help extinguish remaining fires and remove damaged cars. The railroad said it “sincerely regrets” the impact of the derailment.

“Protection of the communities we serve, the safety of our employees and protection of the environment are our highest priorities,” the railroad said.

The role of the newer CPC-1232 tank cars in recent derailments and fires raises new worries about the risk shipments of oil pose to the cities and towns through which they travel. The rail industry adopted the CPC-1232 tank cars as standard in 2011 for oil shipments, saying they were an improvement over the DOT-111 tank car, which had been in use for decades to haul a variety of commodities, including ethanol and crude.

But in spite of special reinforcement of exposed areas, the new cars are still prone to spilling their contents, even at relatively low speeds.

On Jan. 30, the U.S. Department of Transportation sent new regulations for oil and ethanol trains to the White House Office of Management and Budget for review. The rule-making package is expected to include a new tank car design that exceeds the CPC-1232 standard.

According to the department’s February report on significant rule-makings, the final rule is scheduled for publication on May 12.