Tag Archives: Federal Regulation (U.S.)

U.S. oil train rule changes would have side effects on passenger, freight traffic

Repost from The Democrat & Chronicle, Rochester, NY

U.S. oil train rule changes would have side effects

By Brian Tumulty, January 13, 2015
Railroad oil tanker cars parked at the Port of Albany. Each week between 20 and 35 freight trains pulling such tankers roll through Monroe Coundy. (Photo: Mike Groll / AP file photo 2014)

WASHINGTON – Long-distance passenger and freight rail service could be headed for gridlock later this year if trains hauling crude oil and ethanol are limited to 40 miles per hour.

And it could get worse. If the controversial Keystone XL pipeline doesn’t win approval, the American Petroleum Institute estimates “an additional 700,000 barrels per day” will need to be shipped by freight rail. That would require an additional 1,000 rail tank cars every day to transport the tar sands oil the pipeline was intended to carry from Canada to the U.S.

Passengers in the tens of thousands per year travel on trains that stop in Rochester and could potentially be affected by the decisions that will soon be made.

The speed limit, proposed by federal regulators, would cause “severe disruption of freight and passenger rail service across the U.S.,” according to the National Shippers Strategic Transportation Council, a trade group.

The result of the debate will affect both local passengers who use Amtrak — 145,000 people boarded or got off at the Rochester Amtrak station in 2013 — and local activists worried about potential safety issues involving the oil tanker trains that run through Monroe County. Between 20 and 35 oil trains roll across upstate each week, passing through Monroe County on their way to Albany.

The Association of American Railroad says the 40 mph speed limit, and a related proposal requiring freight trains carrying crude oil or ethanol to have electronically controlled pneumatic brakes, “would have a devastating impact on the railroads’ ability to provide their customers with efficient rail transportation.”

Amtrak, which carried 31 million passengers overall in 2013, runs most of its trains on tracks owned by the nation’s major freight railroads. Trains on the Albany-Syracuse-Rochester-Buffalo corridor use a pair of tracks owned by Florida-based CSX Transportation.

Under federal law, freight railroads are required to give priority to Amtrak as they dispatch trains on their systems. But the system has always been imperfect, and scheduling conflicts with freight trains, along with numerous other problems, have made delays a fact of life on most Amtrak routes.

Amtrak supports imposing the 40 mph speed limit only in federally defined “high-threat urban areas” where the risk of a catastrophe is considered greatest. There are just over 50 around the country, including the New York City metro area and Buffalo.

“Anything more restrictive, if it affected network fluidity, could have adverse effects on Amtrak,” the railroad wrote.

The challenge for the oil and gas industry is continuing to safely transport crude oil from new oil fields to refineries.

About 70 percent of crude oil produced in the Bakken Shale Formation of North Dakota and Montana is shipped by rail, according to the oil refineries trade organization.

And production is continuing to increase, from less than 200,000 barrels per day in 2008 to nearly 1.2 million barrels per day in 2014, according to the American Petroleum Institute. Freight railroads predict production eventually will reach 2 million barrels a day.

About 70 percent of ethanol also is transported by rail.

Meanwhile, the nation’s rail network is operating at near capacity. Last year, its choke points resulted in a dramatic drop in the on-time performance of many long-distance Amtrak passenger trains.

Amtrak’s Capitol Limited route between Chicago and Washington had an on-time performance of less than 3 percent in the three months ending Sept. 30. Amtrak provided bus service between Chicago and Toledo, Ohio, for six days in October because some trains were running 10 hours late.

Freight rail shipments from grain elevators faced delays of up to three months a year ago. Freight railroads weren’t prepared for harsh winter weather on top of increased crude oil shipments.

Freight railroads say they’re spending billions of dollars to improve capacity — they largely avoided delays in shipping farm commodities following this year’s harvest — but a 40 mph speed limit for oil trains could undermine that.

“The impact on railroad capacity can be compared to traveling on a two-lane highway,” the Association of American Railroads said. “Slowing down one car or truck affects trailing vehicles. Similarly, slowing down one train affects trailing movements, except that the impact on railroad traffic is much worse because the opportunities to pass are much more constrained than on a highway.”

Trains can pass only at widely spaced locations on a railroad, whether single or double-tracked. Research on rail capacity has shown, and rail operators have long understood, that reducing speeds reduces network capacity.”

At issue is safety in the wake of several derailments of oil trains. The most notable, in the Quebec community of Lac-Mégantic in July 2013, killed 47 people.

Many rail industry groups and shippers say federal efforts to improve the safety of “unit” trains carrying at least 100 tankers loaded with crude oil should focus on fixing faulty tracks. New speed reductions, they say, should be limited to the most densely populated areas.

The National Transportation Safety Board lists improvements in rail tanker car safety as one of its 10 most wanted safety improvements for 2015. It also lists installation of “positive train controls,” which automatically slow trains going into a curve if the operator doesn’t.

“The NTSB does not have a specific position on any specific speed limits but what we do want to make sure first of all is, does the train stay on the track,” said Robert Sumwalt, a member of the NTSB board. “And PTC (positive train controls) is one good way of ensuring that the trains stay on the track. We want to make sure if they do derail, there’s adequate protection in the tank cars. And finally if the tank cars breach, we want to make sure there’s adequate emergency response.”

Federal officials late last year received more than 3,400 public comments on an array of proposals aimed at safer transportation of crude oil by rail. They include a new design for tank cars, retrofitting existing tank cars, installing new braking systems and speed restrictions.

Three possible speed-limit scenarios been proposed — one would limit oil trains to 40 mph at all times. Another would impose the 40 mph limit only when trains pass through regions of at least 100,000 people, and another would impose it only in cities defined as high-threat urban areas.

Trains using a new generation of safer tank cars would be allowed to travel at 50 mph.

The proposed speed limit would apply to “high-hazard flammable trains,” which federal transportation officials would define as any train carrying at least 20 tankers loaded with crude oil or ethanol.

Railroads say 20 cars is too few because freight trains add and subtract cars as they move along the nation’s vast rail network.

The average unit train has 94 tank cars, according to the American Fuel & Petrochemical Manufacturers association, which represents the owners of 120 refineries.

There may be a hitch in California’s new law

Repost from FOX40 Sacramento, Stockton, Modesto

New California Law Aims to Ease Oil Train Safety Worries

January 7, 2015, by Sonseeahray Tonsall


ANTELOPE- Last May, after devastating rail crashes made more damaging by a particular kind of crude oil being carried, the U.S. Department of Transportation issued an emergency order.

It said if more than a million gallons of that crude was moving on the rails, local emergency crews had to be notified.

California’s legislature tried to make that kind of notice permanent – not just for oil but also for 25 of the most toxic substances traveling the rails.

But there may be a hitch in California’s new law.

“Yesterday was a good example of a derailment of  a toxic substance, except it didn’t leak and there was no immediate  threat. But imagine that same rail car going through the Feather River Canyon and polluting the water source for millions of people in California,” Kelly Huston,  Deputy Director of the California Office of Emergency Services said.

Monday’s derailment in Antelope of Union Pacific rail cars carrying poisonous toluene is just one reason why the state Office of Emergency Services has to play the ‘what if’ game every day.

A new state law in effect as of January 1 is supposed to reduce the worry of some of those what-ifs, especially when it comes to the growing number of rail cars shuttling through the Sacramento region, loaded with the kind of highly flammable Bakken crude oil that’s exploded in other train derailments.

“Accidents happen, but our job as a society is to make sure accidents don’t become tragedies,” Assemblyman Mike Gatto said.

The Glendale area democrat co-sponsored AB 380, the new law requiring rail companies to notify emergency responders  of what threats could be riding the rails in their area.

“What’s unique about this legislation is that we’re working with the railroads to try to provide more real-time information…sort of like an Amtrak schedule,” Huston said.

Right now, those details come to emergency crews after the fact, not in advance when they could prepare.

The other unfortunately unique thing about this law is that rail carriers can still argue they don’t have to follow it, even though implementation is supposed to be complete by January 31.

“It is a delicate balance because the  railroads are federally regulated which means  federal laws pre-empt state laws in most cases,” Huston said.

So even though California’s done all it can, it remains to be seen if rail companies will cooperate with a law that could save lives.

Under the continuing federal emergency order, Cal OES gets the shipment information from rail carriers.

Huston would like to create a system that first responders can log in to themselves and get the information real-time.

The effort would not compromise a oil producer’s proprietary information, they said.

CBS News: Kansas derailment raises vital rail safety questions

Repost from CBS News
[Editor: Apologies for the commercial ad in the otherwise excellent video.  – RS]

Kansas derailment raises vital rail safety questions

January 3, 2015

Rail safety is back in the spotlight after a new warning from federal regulators.

The National Transportation Safety Board is urging railroads to take immediate action following its investigation of a derailment in Kansas. No one was hurt in the derailment, but it raised new questions about whether America’s rail network — carrying cargo and passengers — is as safe as it could be, CBS News’ Mark Albert reports.

The collision in September between two Union Pacific freight trains in Galva, Kansas, may have come down, in part, to a light bulb.

In a news release Friday, the NTSB said a green LED light was so bright it out-shined the old-fashioned, incandescent red stoplight nearby. The engineer accelerated, plowing into an oncoming train.

The NTSB now wants all railroads to eliminate any lighting hazards nationwide. It’s the latest in a string of safety issues in the past 18 months on America’s 140,000 miles of rails.

“What we know is the regulators are behind the curve,” said former NTSB chair Deborah Hersman, who sounded the alarm about crude oil shipments in April. “We’re losing cars. We’re losing millions of gallons of petroleum, and we aren’t prepared.”

Eight days later, train cars carrying crude oil derailed and caught fire along the James River in Virginia.

In December 2013, a derailment in North Dakota caused a huge fireball. And in July 2013, 47 people died after a derailment in Quebec, Canada. The train was carrying oil from North Dakota’s booming Bakken oil region.

McClatchy correspondent Curtis Tate acknowledges that the government and the railroads are making strides to make rail travel safer.

“Absolutely, they are,” he said. “The problem is it was too late for 47 people in Quebec.”

Tate published an investigation this week that found gaps in rail oversight, including:

The government lets railroads do their own bridge inspections.
There is no federal database on those bridge conditions, like there is with roads.

New rules that make railroads tell states when large oil shipments pass through only apply to higher-risk Bakken crude — not other types of oil.

“I’d like to think that they’re doing the best they can,” Tate said. “But the question is, will that be enough?”

In a statement to CBS News, the Association of American Railroads said the industry spends half a billion dollars per week on safety.

The Department of Transportation is expected to issue new federal rules by spring that may include stronger tank cars, tighter speed restrictions and tougher braking requirements.

Another city says no to hazardous rail tank cars

Repost from The Sacramento Bee
[Editor: Significant quote: “…city officials said Union Pacific has been parking a dozen ethanol train cars at times on side tracks, some near the Ironworks Lofts housing area, where they wait until there is room to shuttle them onto the Buckeye property….City officials say UP frequently moves train cars back and forth across 15th Street at Jefferson Boulevard to make room in its yard.”  Does this sound like something we can expect on nearby rails and street crossings outside of Valero if the City approves crude-by-rail?  – RS]

West Sacramento says no to ethanol trains

By Tony Bizjak, 12/21/2014
A tanker truck is filled from railway cars containing crude oil on railroad tracks in McClellan Park in North Highlands on Wednesday, March 19, 2014. Several crude oil and ethanol trains have been involved in crashes and explosions nationally in recent years, prompting concerns in cities along rail lines.
A tanker truck is filled from railway cars containing crude oil on railroad tracks in McClellan Park in North Highlands on Wednesday, March 19, 2014. Several crude oil and ethanol trains have been involved in crashes and explosions nationally in recent years, prompting concerns in cities along rail lines. | Randall Benton

The city of West Sacramento and a Texas-based gasoline company are battling over whether it’s riskier to ship large amounts of ethanol through city streets on trains or on tanker trucks – a dispute that last week spilled into court.

Every day, six train cars full of the fuel additive arrive at a mixing terminal on West Sacramento’s riverfront south of Highway 50.

Saying the city is uncomfortable with trains, some of which sit unattended with their volatile cargo outside the terminal for days, the West Sacramento City Council refused on Wednesday to renew the company’s rail transport permit. The company, Buckeye Terminals, mixes the ethanol with gasoline at its South River Road plant for sale at Northern California gas stations.

Councilman Bill Kristoff noted that the train cars often park in the city’s Bridge District near a residential area, and that city officials are not allowed to know exactly what the cars carry. “I don’t understand the rail business well enough to know why all of these cars have to stay in our community for as long as they stay, and at the same time we don’t get to know what’s in them,” he said. “That is sort of alarming to me.”

Several crude oil and ethanol trains have been involved in crashes and explosions nationally in recent years, prompting concerns in cities along rail lines.

Buckeye officials quickly fired back, suing the city and contending that the permit denial creates a greater risk to the public because it likely will force the company to quadruple the number of tanker truck deliveries it receives daily at the plant, as a replacement for the rail deliveries.

In the lawsuit, filed Friday in Yolo Superior Court, the company accuses the city of failing to conduct adequate traffic studies in the new development areas along South River Road. Those studies, if done, would show safety risks where ethanol trucks mix with traffic, said Braiden Chadwick, a Buckeye attorney.

“The last thing anyone wants to see is a car vs. tanker truck (crash); that is a bad combo,” Chadwick said. “It is just a recipe for disaster.”

City officials declined to comment on the lawsuit, saying they are reviewing it.

West Sacramento’s decision to stop the ethanol trains represents another step in a decades-long effort by city leaders to transition the old industrial waterfront south of the Raley Field ballpark into modern live-work neighborhoods with condominiums, row houses, offices, hotels, restaurants and entertainment venues. The city previously ushered industrial companies out of the Bridge District around Raley Field and shut down a rail line along the waterfront to clear the site for redevelopment.

The city has accelerated those efforts in the Pioneer Bluff area near the Buckeye facility in recent months. A row of unused cement company silos is being torn down on the riverfront. The city has shut its sewer treatment plant. It also is planning to close its corporation yard to open space for waterfront development. The city opened a new bridge this month to connect South River Road to the Southport area, bringing more vehicles past the Buckeye site.

Although the Buckeye facility does not fit West Sacramento’s plans for the area, the permit refusal “is absolutely not intended to try to drive Buckeye out of the district,” Mayor Christopher Cabaldon said. Buckeye is one of several fuel-related industries still operating in the area south of Highway 50.

“The existing Buckeye facility is absolutely welcome to remain and operate at its existing site to the extent that it is complying with the terms of its permits (and) that it is not invading the public right of way,” Cabaldon said.

Buckeye’s attorney disagreed, saying the city’s actions suggest it is trying to squeeze the company out. “The confluence of events lead us to that conclusion,” Chadwick said. “It looks like they are trying to make operations of the Buckeye facility more difficult.”

Buckeye’s rail shipment permit for ethanol expires at the end of this month. The company had sought a permit to continue train deliveries of six cars a day through 2019. The site has been an ethanol station since 2002, when the city agreed to the first of a series of limited permits to allow a previous terminal owner to receive rail shipments of the additive. Buckeye bought the facility a few years ago. The company mixes the ethanol with gasoline that is piped to West Sacramento from the Bay Area.

The dispute is part of a growing national debate over the safety of rail transport of flammable commodities. Federal transportation officials are contemplating additional safety regulations for train transports after several explosive crashes in recent years. The federal focus has been on crude oil shipments to refineries. But safety experts say ethanol trains also should be subject to more requirements, citing crashes that caused explosions and fires.

Testifying this week before the West Sacramento City Council, Fire Chief Rick Martinez expressed a preference for tanker truck ethanol shipments over rail shipments, acknowledging both have risks.

Martinez noted that the city has almost no legal control over rail operations, so it cannot prohibit trains with hazardous commodities from parking overnight next to residential areas. The federal government pre-empts city regulation of rail activities. But, Martinez said, the city can manage the risk of tanker truck shipments, controlling where the trucks drive, and at what speed, and can prohibit those trucks from sitting unattended overnight.

Martinez and other city officials said Union Pacific has been parking a dozen ethanol train cars at times on side tracks, some near the Ironworks Lofts housing area, where they wait until there is room to shuttle them onto the Buckeye property. The parking area runs from Raley Field under the Pioneer Bridge to 15th Street. City officials say UP frequently moves train cars back and forth across 15th Street at Jefferson Boulevard to make room in its yard.

Martinez said his department also has noted ethanol train cars parked along Jefferson Boulevard.

“This practice puts the adjacent residential neighborhood at increased risk from a hazardous materials incident,” Martinez said in a recent memo. “By removing the ethanol rail cars from their current location, the risk potential is significantly reduced.”

Buckeye attorney Chadwick contends that increasing the number of tanker trucks making daily ethanol deliveries is a risky move. He said the trucks would have to make left turns on South River Road to get to the plant, and would have to deal with more traffic as the city turns the Pioneer Bluff area and the Bridge District into populated communities.

Buckeye officials say they currently receive ethanol on two to three tanker trucks a day, in addition to the six rail cars. A city staff report suggests as many as four trucks may arrive on weekdays. The city analysis says Buckeye could bring in nine additional tanker trucks daily to its plant after rail shipments are halted this month.

Chadwick said that number is low, and that his company estimates 15 or more additional tanker trucks would be needed daily. He said he did not know what route the trucks would use to get to West Sacramento, but said they likely would arrive via area freeways.

The lawsuit, he said, maintains the city failed to adequately study how much extra traffic would use South River Road, and how that traffic would mix with daily ethanol trucks trying to make left turns.

“Buckeye views that lives might be at risk here,” Chadwick said. “Help us keep the facility safe, because we are not going anywhere.”