Tag Archives: Federal Regulation (U.S.)

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

— 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.

 

Oil train tank cars derail in Illinois; involved “safer” models

Repost from the Delaware County Daily Times, Primos PA
[Editor: A variation on this AP story appeared in our local Vallejo Times Herald on 3/7/15, with this significant quote regarding the need for existing and proposed new tank car safety standards: “‘…those standards failed to prevent leakage and explosions that threaten human safety and environmental contamination,’ said Steve Barg, director of the Jo Daviess Conservation Foundation, which owns a nature preserve several hundred yards from the derailment site.”  – RS]

Oil train tank cars derail in Illinois; involved safer models

Staff, 3/6/15 1:10PM EST
Smoke and flames erupt from the scene of a train derailment Thursday, March 5, 2015, near Galena, Ill. A BNSF Railway freight train loaded with crude oil derailed around 1:20 p.m. in a rural area where the Galena River meets the Mississippi, said Jo Daviess County Sheriff’s Sgt. Mike Moser. (AP Photo/Telegraph Herald, Mike Burley)

GALENA, Ill. (AP) — The rail cars that split open and burst into flames during a western Illinois oil train derailment this week were retrofitted with protective shields to meet a higher safety standard than federal law requires, railroad officials said.

The fire continued to burn Friday, a day after 21 of the train’s 105 cars derailed in a rural area south of the city of Galena. No injuries were reported, but the accident was the latest in a series of failures for the safer tank-car model that has led some people calling for even tougher requirements.

BNSF Railway said in a news release that the train’s tank cars were a newer model known as the 1232, which was designed during safety upgrades voluntarily adopted by the industry four years ago in hopes of keeping cars from rupturing during derailments. But 1232 standard cars involved in three other accidents have split open in the past year.

Those other accidents included one last month in West Virginia in which a train carrying 3 million gallons of North Dakota crude derailed, shooting fireballs into the sky, leaking oil into a waterway and burning down a house. The home’s owner was treated for smoke inhalation, but no one else was injured.

Thursday’s accident in Illinois led local officials to announce a voluntary evacuation of an area within 1 mile because of the presence of a propane tank near the derailment. Only a family of two agreed to leave their home, Galena City Administrator Mark Moran said Thursday.

A railway spokesman initially said six cars derailed. But in an update Friday, BNSF said it found 21 cars had derailed in an area where the Galena River meets the Mississippi. The company said a resulting fire is believed to have spread to five rail cars, and emergency personnel were trying to contain the blaze.

The train had 103 cars loaded with crude oil from the Northern Plains’ Bakken region, along with two buffer cars loaded with sand, according to company spokesman Andy Williams. The cause of the derailment hasn’t been determined.

The accident occurred 3 miles south of Galena in a wooded and hilly area that is a major tourist attraction and the home of former President Ulysses S. Grant.

As of June of last year, BNSF was hauling 32 Bakken oil trains per week through the surrounding Jo Daviess County, according to information disclosed to Illinois emergency officials.

Firefighters could only access the derailment site by a bike path, said Galena Assistant Fire Chief Bob Conley. They had to pull back initially for safety reasons, but by midday Friday officials described the area as “stable.”

The Federal Railroad Administration said its investigators expected to have access to the site around noon, and it has not yet been able to determine if any crude oil spilled into nearby waterways.

BNSF said it was taking steps to prevent contamination.

Recent derailments have increased public concern about the safety of shipping crude by train. According to the Association of American Railroads, oil shipments by rail jumped from 9,500 carloads in 2008 to 500,000 in 2014, 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.

Since 2008, oil train derailments in the U.S. and Canada have caused 70,000-gallon tank cars to break open and ignite on multiple occasions, resulting in huge fires.

The wrecks have intensified pressure on the administration of President Barack Obama to approve tougher standards for railroads and tank cars, despite industry complaints that it could cost billions and slow freight deliveries.

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.

Third Fiery Accident in Three Weeks Shows Need for Immediate New Federal Regulations

Repost from The Center for Biological Diversity

Center for Biological DiversityYet Another Oil Train Derails, Catches Fire, This Time in Illinois

Third Fiery Accident in Three Weeks Shows Need for Immediate Major Safety Upgrades for Shipments of Crude by Rail

GALENA, Ill.— An oil train transporting more than 100 cars of highly volatile crude oil derailed and caught fire today in northwest Illinois near the Mississippi River — the third explosive oil train accident in three weeks. Billowing columns of dark smoke and fireballs shooting hundreds of feet into the air were visible this afternoon as at least two tank cars caught fire. Early reports are that first responders had to pull back from the fire due to the heat and ongoing danger of more tank cars catching fire and exploding. The incident follows in close succession fiery oil train derailments in Ontario and West Virginia.

“The only thing more mind-boggling than three such accidents in three weeks is the continued lack of action by the Obama administration to protect us from these dangerous oil trains,” said Mollie Matteson, a senior scientist at the Center for Biological Diversity. “The government has the authority to take immediate action to address this crisis — which puts homes, waters and wildlife at risk – and yet it has sat back and watched.”

The Center for Biological Diversity recently released a report on the danger of oil trains traveling tracks throughout the United States. Among the findings were that some 25 million people live within the one-mile “evacuation zone” of tracks carrying oil trains and that the trains pass through 34 wildlife refuges and critical habitat for 57 endangered species.

The Illinois accident joins a growing list of devastating oil train derailments over the past two years. 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. Oil transport has increased from virtually nothing in 2008 to more than 500,000 rail cars of oil in 2014. 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.

Today’s derailment happened where the Galena River meets the Mississippi River. There are no reports of injuries or fatalities, or of drinking water intake closures, although there are communities in the area that draw water from the Mississippi. The Burlington Northern Santa Fe train included 103 tank cars transporting volatile crude oil from the Bakken oil fields of North Dakota.

Loaded oil trains on this particular line first must pass through densely populated areas such as Minneapolis-St. Paul and La-Crosse. The trains also pass through the Upper Mississippi River National Wildlife Refuge, about 50 miles upstream of the derailment site. According to the U.S. Fish and Wildlife Service, the Mississippi River corridor “provides productive fish and wildlife habitat unmatched in the heart of America.”

“There are simply no excuses left for the Obama administration. The fact that these trains are still moving on the rails is a national travesty,” said Matteson. “The next explosive wreck — and there will be more, so long as nothing changes — may take lives, burn up a town or level a city business district, and pollute the drinking water of thousands of people. Enough is enough.”

A series of fiery oil-train derailments in the United States and Canada has resulted in life-threatening explosions and destructive oil spills. The worst was a derailment in Quebec in July 2013 that killed 47 people, forced the evacuation of 2,000 people, and incinerated portions of a popular tourist town.

Ethanol shipments by rail have also raised safety concerns. On Feb. 4, a train transporting ethanol derailed along the Mississippi River in Iowa, catching fire and sending an unknown amount of ethanol into the river.

In February the U.S. Department of Transportation sent new rules governing oil train safety to the White House for review, prior to public release. However, the proposed rules 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 industries also want more time to comply with the new rules.

Yet, without regulations that will effectively prevent derailments and rupture of tank cars, oil trains will continue to threaten people, drinking water supplies and wildlife, including endangered species.

The Center has also 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.

Northern California Representatives call for no delay in or weakening of new oil-by-rail safety standards

Repost from The Benicia Herald
[Editor: In an otherwise excellent report, this story fails to mention that Benicia’s own Representative Mike Thompson and 5 other Northern California legislators joined with Reps. Garamendi and Matsui in signing the letter.  Note as well that the fires in the West Virginia explosion burned for nearly 3 days (not 24 hours per this article).  See also Rep. Garamendi’s Press Release.  A PDF copy of the signed letter is available here.  See also coverage in The Sacramento Bee.  – RS]

Garamendi calls for no delay in oil-by-rail safety improvements

By Donna Beth Weilenman, March 4, 2015

U.S. Rep. John Garamendi, D-Fairfield, is urging the Department of Transportation to issue stronger safety standards for transporting oil by train “without delay.”

Garamendi, a member of the House Committee on Transportation and Infrastructure, made his call in a letter he authored after working with U.S. Rep. Doris Matsui, D-Sacramento, and circulated among members of the House.

He said the letter responds to news that the DOT may consider weakening oil train safety regulations and delaying a deadline for companies to comply with certain safety guidelines.

He said he also has been making his appeal to DOT officials in person as well as in committee hearings and in speaking with reporters, urging the department to adopt stronger safety measures designed to protect communities near rail lines.

He said several key intercontinental rail lines that reach West Coast ports and refineries lie within his Third District.

Those rail lines go through Fairfield, Suisun City, Dixon, Davis, Marysville and Sacramento, he said.

Garamendi is the leading Democrat on the House Committee on Transportation and Infrastructure’s Subcommittee on the Coast Guard and Maritime Transportation.

He pointed to a February accident in West Virginia in which a train carrying crude oil derailed and exploded, and said that was just the latest in a series of more frequently occurring incidents.

That accident happened in Fayette County, in which Garamendi said 28 tanker rail cars in a CSX train went off the tracks and 20 caught fire, accompanied by explosions and 100-yard-high flames.

Nearby residents were evacuated, and the fires burned for 24 hours.

West Virginia’s governor, Earl Ray Tomblin, issued a statement saying the train was carrying Bakken crude from North Dakota to Yorktown, Va. The train had two locomotives and 109 rail cars, according to a CSX statement.

CSX originally said one car entered the Kanawha River, but later said none had done so.

The company reported at least one rail car ruptured and caught fire. One home was destroyed, and at least one person was treated for potential inhalation of fumes.

The rail line said it was using newer-model tank cars, called CPC 1232, which are described as tougher than DOT-111 cars made before 2011. Garamendi confirmed that.

He also said the train was traveling at 33 mph, well below the 50-mph speed limit for that portion of the track.

According to a report by the Wall Street Journal and a statement from the North Dakota Industrial Commission, the oil contained volatile gases, and its vapor pressure was 13.9 pounds per square inch. A new limit of 13.7 pounds per square inch is expected to be set by North Dakota in April on oil carried by truck or rail from the Bakken Shale fields, though Brad Leone, a spokesperson from Plains All American Pipeline, the company that shipped the oil, said his company had followed all regulations that govern crude shipping and testing.

A few days before, another Canadian National Railways train derailed in Ontario.

“Families living near oil-by-rail shipping lines are rightfully concerned about the safety of the trains that pass through their communities,” Garamendi said.

“For that reason, I have repeatedly called on the Department of Transportation to use all the tools at their disposal to ensure that these shipments are as safe and secure as possible.”

He said he also wants the DOT to act quickly.

“Every day that strong and effective rules are delayed is another day that millions of Americans, including many in my district, are put at greater risk.

“While the Department has made this a priority, they must move with greater urgency to address this matter.”

He and Matsui have written Timothy Butters, acting administrator of the Pipeline and Hazardous Materials Safety Administration, and Sarah Feinberg, acting administrator of the Federal Railroad Administration, expressing “our strong concern that despite increased train car derailments and an overall delay in the issuance of oil-train safety regulations, the Department of Transportation may be considering a revision that could delay the deadline for companies to comply with important safety guidelines, including upgrading CPC-1232 tank cars to new standards.”

Citing the frequency of derailments, they wrote that such measures as stabilizing crude and track maintenance before transport should be added to those standards. “Any weakening of the proposed rule would be ill-advised,” they wrote.

The two wrote that the West Virginia accident was the third reported in February.

In addition to that one and the Ontario accident, another train carrying ethanol derailed and caught fire in Iowa.

“These are in addition to recent derailments in Northern California’s Feather River Canyon, Plumas County, and Antelope region where three train cars derailed earlier this year while en route from Stockton to Roseville,” they wrote.

The two said the need for safer train cars “has long been documented and is overdue.”

They said the DOT began updating rules in April 2012. Meanwhile, from 2006 to April 2014, 281 tank cars derailed in the United States and Canada.

They wrote that 48 people died and nearly 5 million gallons of crude oil and ethanol were released.

“Serious crude-carrying train incidents are occurring once every seven weeks on average, and a DOT report predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, causing billions of dollars in damage and possibly costing hundreds of lives,” they wrote.

In the wake of “this alarming news,” they wrote of their “great concern” that Pipeline and Hazardous Materials Safety Administration failed to meet its Jan. 15 deadline to release a final rule on crude-by-rail regulations.

They urged the DOT to maintain the timeline that gives companies two years to retrofit cars and to have provisions in place or additional regulations drafted to require stabilization of crude as well as better track maintenance technology.

“We understand that more than 3,000 comments to the rule were analyzed and we commend the DOT for its work with industry thus far on information sharing, slower speeds, and reinforced railcars, but the multi-pronged solutions for this important safety issue must be implemented as quickly as possible,” they wrote.

“We also believe that DOT should issue a rule that requires stripping out the most volatile elements from Bakken crude before it is loaded onto rail cars.

“This operation may be able to lower the vapor pressure of crude oil, making it less volatile and therefore safer to transport by pipeline or rail tank car,” they wrote.

In addition, they wrote that greater priority must be placed on track maintenance and improvement.

“We need safer rail lines that are built for the 21st century, including more advanced technology in maintaining railroad tracks and trains so that faulty axles and tracks do not lead to further derailments,” they wrote.

Saying 16 million Americans live near oil-by-rail shipping lanes, Garamendi and Matsui wrote that if “dangerous and volatile crude” is to be shipped through municipalities and along sensitive waters and wildlife habitat, “the rail and shipping industries must do more.”

The two praised the National Transportation Safety Board for investigating the accidents thoroughly.

But they added that those living near crude-by-rail tracks “should not have to live with the fear that it is only a matter of time.”

Instead, they wrote, the DOT should work toward “release of a strong and robust safety rule as soon as possible.”