Tag Archives: Federal Regulation (U.S.)

AP: Fire from W.Va. oil train derailment burns for 3rd day

Repost from The State, Columbia, South Carolina

W.Va. oil train derailment was 1 of 3 with safer tank cars

By John Raby & Jonathan Mattise, Feb 18, 2015,  UPDATED Feb 18, 2015 1:33pm ET
A fire burns Monday, Feb. 16, 2015, after a train derailment near Charleston, W.Va. Nearby residents were told to evacuate as state emergency response and environmental officials headed to the scene. THE REGISTER-HERALD, STEVE KEENAN — AP Photo

MOUNT CARBON, W.Va. — The fiery derailment of a train carrying crude oil in West Virginia is one of three in the past year involving tank cars that already meet a higher safety standard than what federal law requires — leading some to suggest even tougher requirements that industry representatives say would be costly.

Hundreds of families were evacuated and nearby water treatment plants were temporarily shut down after cars derailed from a train carrying 3 million gallons of North Dakota crude Monday, shooting fireballs into the sky, leaking oil into a Kanawha River tributary and burning down a house nearby. It was snowing at the time, but it is not yet clear if weather was a factor.

The fire smoldered for a third day Wednesday. State public safety division spokesman Larry Messina said the fire was 85 percent contained.

The train’s tanks were a newer model — the 1232 — designed during safety upgrades voluntarily adopted by the industry four years ago. The same model spilled oil and caught fire in Timmins, Ontario on Saturday, and last year in Lynchburg, Virginia.

A series of ruptures and fires have prompted the administration of President Barack Obama to consider requiring upgrades such as thicker tanks, shields to prevent tankers from crumpling, rollover protections and electronic brakes that could make cars stop simultaneously, rather than slam into each other.

If approved, increased safety requirements now under White House review would phase out tens of thousands of older tank cars being used to carry highly flammable liquids.

“This accident is another reminder of the need to improve the safety of transporting hazardous materials by rail,” said Christopher Hart, acting chairman of the National Transportation Safety Board.

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.

Oil shipments by rail jumped from 9,500 carloads in 2008 to more than 435,000 in 2013, 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, according to American Fuel and Petrochemical Manufacturers.

The downside: Trains hauling Bakken-region oil have been involved in major accidents in Virginia, North Dakota, Oklahoma, Alabama and Canada, where 47 people were killed by an explosive derailment in 2013 in Lac-Megantic, Quebec.

Reports of leaks and other oil releases from tank cars are up as well, from 12 in 2008 to 186 last year, according to Department of Transportation records reviewed by The Associated Press.

Just Saturday — two days before the West Virginia wreck — 29 cars of a 100-car Canadian National Railway train carrying diluted bitumen crude derailed in a remote area 50 miles south of Timmins, Ontario, spilling oil and catching fire. That train was headed from Alberta to Eastern Canada.

The train Monday was bound for an oil shipping depot in Yorktown, Virginia, along the same route where three tanker cars plunged into the James River in Lynchburg, Virginia, prompting an evacuation last year.

The train derailed near unincorporated Mount Carbon just after passing through Montgomery, a town of 1,946, on a stretch where the rails wind past businesses and homes crowded between the water and the steep, tree-covered hills. All but two of the train’s 109 cars were tank cars, and 26 of them left the tracks.

Fire crews had little choice but to let the tanks burn themselves out. Each carried up to 30,000 gallons of crude.

One person — the owner of the destroyed home — was treated for smoke inhalation, but no other injuries were reported, according to the train company, CSX. The two-person crew, an engineer and conductor, managed to decouple the train’s engines from the wreck behind it and walk away unharmed.

The NTSB said its investigators will compare this wreck to others including Lynchburg and one near Casselton, N.D., when a Bakken crude train created a huge fireball that forced the evacuation of the farming town.

No cause has been determined, said CSX regional vice president Randy Cheetham. He said the tracks had been inspected just three days before the wreck.

“They’ll look at train handling, look at the track, look at the cars. But until they get in there and do their investigation, it’s unwise to do any type of speculation,” he said.

By Tuesday evening, power crews were restoring electricity, water treatment plants were going back online, and most of the local residents were back home. Initial tests showed no crude near water plant intake points, state Environmental Protection spokeswoman Kelley Gillenwater said.

State officials do have some say over rail safety.

Railroads are required by federal order to tell state emergency officials where trains carrying Bakken crude are traveling. CSX and other railroads called this information proprietary, but more than 20 states rejected the industry’s argument, informing the public as well as first-responders about the crude moving through their communities.

West Virginia is among those keeping it secret. State officials responded to an AP Freedom of Information request by releasing documents redacted to remove nearly every detail.

There are no plans to reconsider after this latest derailment, said Melissa Cross, a program manager for the West Virginia Division of Homeland Security and Emergency Management.

Contributors include Joan Lowy in Washington, D.C.; Matthew Brown in Billings, Montana; and Pam Ramsey in Charleston, West Virginia. Mattise reported from Charleston.

Obama admin to give companies more time to upgrade DOT-111 & C-1232 tank cars

Repost from Bloomberg Business News

Revised Oil-Train Safety Rule Said to Delay Upgrade Deadline

by Jim Snyder, February 12, 2015

(Bloomberg) — The Obama administration revised its proposal to prevent oil trains from catching fire in derailments, giving companies more time to upgrade their fleets but sticking with a requirement that new tank cars have thicker walls and better brakes.

The changes, described by three people familiar with the proposal who asked not to be identified because the plan has not been made public, are in proposed regulations the U.S. Transportation Department sent to the White House last week for review prior to being released.

The administration is revising safety standards after a series of oil-train accidents, including a 2013 disaster in Canada that killed 47 people when a runaway train derailed and blew up. Earlier this month a train carrying ethanol derailed and caught fire outside of Dubuque, Iowa. No one was hurt.

Companies that own tank cars opposed the aggressive schedule for modifying cars in the DOT’s July draft, saying it would have cost billions of dollars and could slow oil production. That plan gave companies two years to retrofit cars hauling the most volatile crude oil, including from North Dakota’s booming Bakken field.

Railroads and oil companies fought the brake requirement and proposed a standard for the steel walls that was thinner than suggested by the agency.

‘Too Long’
Karen Darch, the mayor of the Chicago suburb of Barrington, Illinois, and an advocate for safer cars, said she was encouraged that the rules included stronger tank cars and upgraded brakes. She disagreed with adding years to the retrofit deadline.

“Taking more time on something that’s already taken too long is problematic,” Darch said Thursday in a phone interview.

Officials in the President Barack Obama’s Office of Management and Budget could change the proposal before the final version is released, probably in May. Darius Kirkwood, a spokesman at the Pipeline and Hazardous Materials Safety Administration, the Transportation Department unit that wrote the rule, said he couldn’t comment on a proposed rule.

“The department has and will continue to put a premium on getting this critical rule done as quickly as possible, but we’ve always committed ourselves to getting it done right,” Transportation Secretary Anthony Foxx said this month in a statement about the timing of the safety rule.

Rolling Deadlines
The current proposal would require companies to first upgrade tank cars known as DOT-111s, which safety investigators have said are prone to puncture in rail accidents, according to one of the people. Cars with an extra jacket of protection would remain in use longer before undergoing modifications, according to one of the people.

A newer model known as the CPC-1232, which the industry in 2011 voluntarily agreed to build in response to safety concerns, would have a later deadline than the DOT-111s for modification or replacement, three people said.

The CPC-1232s have more protection at the ends of the cars and than the DOT-111s and a reinforced top fitting.

The draft rule also would require that new tank cars be built with steel shells that are 9/16th of an inch thick, the people said. The walls of the current cars, both DOT-111s and CPC-1232s, are 7/16th of an inch thick.

A joint proposal from the American Petroleum Institute and the Association of American Railroads argued to set the tank-car shell thickness at half an inch, or 8/16ths.

Company Lobbying
Railroads and oil companies also lobbied against a proposal that the trains have electronically controlled pneumatic brakes, which are designed to stop all rolling cars at a same time.

The Association of American Railroads in June told Transportation Department officials that the electronic brakes would cost as much as $15,000 for each car and have only a minimal safety impact.

Trains often haul 100 or more tank cars filled with crude. These trains have increasingly been used to haul crude as oil production has boomed in places, like North Dakota, that don’t have enough pipelines.

Rail shipments of oil surged to 408,000 car loads last year from 11,000 in 2009.

Solano County lobbyists to advocate for crude-by-rail health and safety

By Roger Straw, February 12, 2015

Solano County seal (400x400)A little known but influential Council here in Solano County is the Solano County City County Coordinating Council (CCCC, or 4C’s).

Benicia Mayor Elizabeth Patterson’s recent E-Alert gives a rare look at the proceedings of a recent CCCC meeting, including adoption of a legislative platform for Solano County that calls for our State and Federal lobbyists to support efforts to improve safety of hazardous materials transported by rail.

Mayor Patterson offered the following insider perspective on the adoption of the 2016 legislative platform at the CCCC’s February 12, 2015 meeting:

Highlights of the discussion was the transportation safety issue that Benicia added: “Support efforts to improve safety of hazardous materials transported by rail, including crude by rail and enhance capacity of local emergency responders to appropriately respond to potential emergency events resulting from derailment or releases.”

…there was spirited discussion and accusations of “agenda driven” thinking and the language not necessary and other detracting remarks.  Because the 4Cs was established with a consensus protocol, a simple majority of the quorum was not enough to carry this suggestion forward.  After more discussion and the lead objector, Supervisor Spering, saw that that half the Mayors and three Supervisors did want the above language, he offered language that seemed to capture the essence of the suggestion.  In the end we gave direction to staff to finalize the language to be reviewed by Supervisor Spering and the City of Benicia.

Kudos to Mayor Patterson and Benicia city staff, and many thanks to the other County Supervisors and Mayors who backed this legislative priority.  Let’s hope that the compromise language still has some teeth!

It will be wonderful to be know that our County’s tax-supported State and Federal lobbyists are representing us to improve health and safety legislative measures with regard to crude by rail.

Sacramento Bee editorial: We need open debate on oil train safety

Repost from The Sacramento Bee
[Benicia Independent Editor:  A bit odd that the Bee editorial is defending the rail industry’s right to talk to the media and to lobby congress.  Nice, though, when the Bee writes, “Thankfully, officials in Benicia actually listened to people who exercised free speech.  They announced last week they will redo parts of an environmental study….”  A call for open debate is a good thing.  However, the House subcommittee’s urging for timely new rules on tank car safety is infinitely more important than Rep. Denham’s comment and the Bee’s response.  For a more substantive article on the subcommittee proceedings, see the CQ Roll Call story.  – RS]

We need open debate on oil train safety

By the Editorial Board, 02/10/2015
Rep. Jeff Denham, chairman of the House Transportation Subcommittee on Railroads, Pipelines and Hazardous Materials, questions a witness last year.
Rep. Jeff Denham, chairman of the House Transportation Subcommittee on Railroads, Pipelines and Hazardous Materials, questions a witness last year. Pete Marovich / MCT Tribune News Service

As oil trains rumble through the Sacramento region, a key House panel held an important hearing on how rail and pipelines can keep up – safely – with the boom in domestic oil production. For two hours, top rail and oil industry executives testified and answered questions on this crucial issue.

Then Rep. Jeff Denham had to go and spoil it.

The Turlock Republican, chairman of the House Transportation Subcommittee on Railroads, Pipelines and Hazardous Materials, ended last week’s hearing on an unfortunate note – an unnecessary dressing down of a rail car manufacturing executive who called on federal regulators to speed up the rollout of safer oil tank cars.

Though his firm (which has a repair shop in Modesto) would benefit financially, Greg Saxton, senior vice president and chief engineer at the Greenbrier Companies, happens to be right. The National Transportation Safety Board, which put rail tank car safety on its “most wanted” list for 2015, points out that more than 100,000 outdated cars carry crude, increasing the risk of leaks and explosions. Denham also says he’s concerned that the U.S. Department of Transportation missed its own Jan. 30 deadline to submit new rules on oil tank cars.

So what was Saxton’s transgression, according to Denham? He had the temerity to talk to lowly newspaper editorial writers, as well as esteemed members of Congress.

Denham lectured Saxton that he didn’t want the “wrong people” – whoever they are – “talking to the ed boards across the country” and creating a “misperception” that “our industry” is unsafe.

“I just want to make sure we’re all singing the same tune that we have a very safe industry and we want to work together in improving that industry,” the congressman said, as pointed out by Mike Dunbar, opinions page editor at The Modesto Bee who talked to Saxton last month.

Last time we checked, acting as a public relations consultant for the oil industry isn’t Denham’s job. He should care much more about keeping his constituents in Modesto and Turlock safe. As chairman of this important panel, he should encourage open debate. Instead, his spokeswoman said Tuesday, Denham stands by his remarks to Saxton.

Thankfully, officials in Benicia actually listened to people who exercised free speech.

They announced last week they will redo parts of an environmental study on the proposal for two 50-car oil trains a day to traverse Sacramento and other Northern California cities on the way to the Valero refinery in Benicia.

Benicia officials are responding to environmental groups, Sacramento-area officials and Attorney General Kamala Harris, who had all properly pointed out that the report fell short in analyzing potential oil spills and fires in the middle of urban areas and didn’t even consider possible harm east of Roseville.

The updated study, to be released June 30, also needs to at least consider suggestions from Sacramento and Davis leaders that Union Pacific Railroad be required to give advance notice of oil shipments to emergency responders and be banned from parking oil trains in urban areas.

They’re the sorts of ideas that people might just want to explain to a congressional committee – or perhaps even an editorial board.