Tag Archives: Federal Regulation (U.S.)

Clean-up, Crude By Rail, Diluted bitumen (Dilbit), Federal Regulation (U.S.), Oil spill, Pipeline transport, Spill prevention and response, Tar sands crude, Water contamination

U.S. Not Prepared for Tar Sands Oil Spills, National Study Finds

Repost from Circle of Blue

U.S. Not Prepared for Tar Sands Oil Spills, National Study Finds

By Codi Kozacek, Circle of Blue, 10 December, 2015 16:07

Report urges new regulations, research, and technology to respond to spills of diluted bitumen.

China Shenzhen economic development office park economy Guangdong Province
Oil gathers in a sheen near the banks of the Kalamazoo River more than a week after a spill of crude oil, including tar sands oil, from Enbridge Inc.’s Line 6B pipeline in 2010. It was the largest inland oil spill in U.S. history. Click image to enlarge. Photo courtesy Sam LaSusa

Spills of heavy crude oil from western Canada’s tar sands are more difficult to clean up than other types of conventional oil, particularly if the spill occurs in water, a new study by a high-level committee of experts found. Moreover, current regulations governing emergency response plans for oil spills in the United States are inadequate to address spills of tar sands oil.

The study by the U.S. National Academies of Sciences, Engineering, and Medicine confirmed what scientists, emergency responders, and conservationists knew anecdotally from a major oil spill that contaminated Michigan’s Kalamazoo River in 2010 and another spill in Mayflower, Arkansas in 2013. Tar sands crude, called diluted bitumen, becomes denser and stickier than other types of oil after it spills from a pipeline, sinking to the bottom of rivers, lakes, and estuaries and coating vegetation instead of floating on top of the water.

“[Diluted bitumen] weathers to a denser material, and it’s stickier, and that’s a problem. It’s a distinct problem that makes it different from other crude.”

–Diane McKnight, Chair 
Committee on the Effects of Diluted Bitumen on the Environment

“The long-term risk associated with the weathered bitumen is the potential for that [oil] becoming submerged and sinking into water bodies where it gets into the sediments,” Diane McKnight, chair of the committee that produced the study and a professor of engineering at the University of Colorado Boulder, told Circle of Blue. “And then those sediments can become resuspended and move further downstream and have consequences not only at the ecosystem level but also in terms of water supply.”
“It weathers to a denser material, and it’s stickier, and that’s a problem. It’s a distinct problem that makes it different from other crude.” McKnight added. Weathering is what happens after oil is spilled and exposed to sunlight, water, and other elements. In order to flow through pipelines, tar sands crude oil is mixed with lighter oils, which evaporate during the weathering process. In a matter of days, what is left of the diluted bitumen can sink.

The study’s findings come amid an expansion in unconventional fuels development and transport in North America. Over the past decade, Canada became the world’s fifth largest crude oil producer by developing the Alberta tar sands. U.S. imports of Canadian crude, much of it from tar sands, increased 58 percent over the past decade, according to the U.S. Energy Information Administration.

Though oil prices are at a seven-year low, and market turbulence is expected to persist for several more years, tar sands developers are working to double the current tar sands oil production — around 2.2 million barrels per day — by 2030. Pipelines to transport all of the new oil are expanding too, producing a greater risk of spills.

China Shenzhen economic development office park economy Guangdong Province
A sign held by a protester at a 2013 climate rally in Washington, D.C. notes the lingering difficulties associated with spills of diluted bitumen –namely that the oil can become submerged in the water. Click image to enlarge. Photo courtesy DCErica via Flickr Creative Commons

Whether tar sands producers achieve that level of oil supply is not assured. Public pressure is mounting in Canada and the United States to rein in tar sands development due to considerable environmental damage and heavy carbon emissions. U.S. President Barack Obama last month scrapped the Keystone XL pipeline, an 800,000-barrel-per-day project to move crude oil from Canada’s tar sands to Gulf of Mexico refineries. An international movement to divest from fossil fuels and a legally binding global deal to cut carbon emissions –if it is signed in Paris– could curb demand for tar sands oil.

The National Academies of Sciences, Engineering, and Medicine study adds new data to arguments made by critics of tar sands development.

“The study really confirms a lot of the information that has been out there, there are no real surprises,” Jim Murphy, senior counsel for the National Wildlife Federation, told Circle of Blue. “You don’t want these things to be affirmed because it’s bad news for communities. But the good part about a study like this is hopefully it will prompt some action. Some folks were hiding behind the lack of a study like this, saying we don’t really know. Those excuses have gone away.”

“The chief takeaway is that this is a different oil, it presents different challenges, and responders and regulators simply don’t have the structures in place to deal with the challenges,” he added.

Nonetheless, energy companies are pursuing pipeline expansions, most notably in the Midwest and Great Lakes regions. Enbridge, Canada’s largest transporter of crude oil, operates a 3,000-kilometer (1,900-mile) pipeline network, known as the Lakehead System, that carries crude oil from Canada to refineries on the Great Lakes. The Lakehead system, in concert with Enbridge’s Canadian main line, is capable of transporting 2.62 million barrels of oil per day. The pipeline responsible for the 2010 oil spill in Kalamazoo was part of the Lakehead system. A link in the Lakehead system ruptured in 2010 and spilled more than 3 million liters (843,000 gallons) of tar sands oil into southern Michigan’s Kalamazoo River. It was the largest inland oil spill in U.S. history and its effects still linger because of oil that sank and is embedded in the river’s sediments.
 
“The chief takeaway is that this is a different oil, it presents different challenges, and responders and regulators simply don’t have the structures in place to deal with the challenges.”

–Jim Murphy, Senior Counsel
National Wildlife Federation

Enbridge is currently pursuing upgrades to its Alberta Clipper pipeline, which runs through Minnesota and Wisconsin, in order to boost the line’s capacity to 800,000 barrels per day from 450,000 barrels per day. A second project aims to increase the capacity of Line 61, a pipeline that runs from Wisconsin to Illinois, from 560,000 barrels per day to 1.2 million barrels per day. Opposition to the company’s operation of a pipeline that runs beneath the Straits of Mackinac, where Lake Michigan and Lake Huron join, has been especially fierce, though the line does not currently carry tar sands oil.

“I think at the very least we should be saying no to more tar sands through the [Great Lakes] region until we get a firm handle on how to deal with the unique challenges that tar sands spills present,” Murphy said. “We should also be taking a hard look, as the president did with the Keystone XL decision, about the other negative impacts of more tar sands oil, like the consequences in Alberta with the habitat destruction there, and also the higher carbon pollution content of the fuel.”

The National Academies study concluded that the characteristics of diluted bitumen are “highly problematic for spill response because 1) there are few effective techniques for detection, containment, and recovery of oil that is submerged in the water column, and 2) available techniques for responding to oil that has sunken to the bottom have variable effectiveness depending on the spill conditions.”

“Broadly, regulations and agency practices do not take the unique properties of diluted bitumen into account, nor do they encourage effective planning for spills of diluted bitumen,” it continued.

China Shenzhen economic development office park economy Guangdong Province
A tar ball recovered on the edge of a cove in Mayflower, Arkansas, after tar sands crude spilled from ExxonMobil’s Pegasus pipeline in 2013. Click image to enlarge.

The study’s authors made a series of recommendations to help reduce the damage from future tar sands spills, including:

  • Update regulations that would require pipeline operators to identify and provide safety sheets for each crude oil transported by the pipeline, catalogue the areas and water bodies that would be most sensitive to a diluted bitumen spill, describe how they would detect and recover sunken oil, provide samples and information about the type of oil spilled to emergency officials, and publicly report the annual volumes and types of crude oil that pass through each pipeline.
  • Require the Pipeline and Hazardous Materials Safety Administration (PHMSA), the federal agency that regulates pipelines in the United States, to review spill response plans in coordination with the U.S. Environmental Protection Agency and U.S. Coast Guard to determine if the plans are capable of responding to diluted bitumen spills.
  • Develop methods to detect, contain, and recover oil that sinks to the bottom of water bodies.
  • Require government agencies at the federal, state, and local level to use industry-standard names for crude oils when planning spill responses.
  • Revise oil classifications used by the U.S. Coast Guard to indicate that diluted bitumen can sink in water.
  • Collect data to improve modeling of diluted bitumen oil spills.
    Improve coordination between federal agencies and state and local governments when planning and practicing oil spill response exercises.
  • Develop a standard method for determining the adhesion –a measure of how sticky the oil is–of diluted bitumen in the event of a spill.

After the study’s release, PHMSA said it would develop a bulletin advising pipeline operators about the recommendations and urge voluntary improvements to their spill response plans. The agency also plans to hold a workshop next spring to hear public input on how to implement the recommendations, coordinate with other federal organizations to “advance the recommendations”, and work with industry representatives to improve spill response planning.

“We appreciate the work the National Academy of Sciences has done over the last few years in analyzing the risks of transporting diluted bitumen, including its effects on transmission pipelines, the environment and oil spill response activities,” Artealia Gilliard, PHMSA spokesperson and director for governmental, international and public affairs, said in a statement. “All pipelines transporting crude oil or any other hazardous liquid are required to meet strict federal safety regulations that work to prevent pipeline failures and to mitigate the consequences of pipeline failures when they occur.”

Codi Yeager-Kozacek is a news correspondent for Circle of Blue based out of Hawaii. She co-writes The Stream, Circle of Blue’s daily digest of international water news trends. Her interests include food security, ecology and the Great Lakes.

Bakken Crude, Ban oil trains, Bomb Trains, CPC-1232, Crude By Rail, Derailment, Explosion, Federal Regulation (U.S.), Fire, Hazmat notification, Keep it in the ground, Rail infrastructure, Spill prevention and response, Tank car design, Tank car retirement, Tank car retrofit, Tar sands crude, Train length, Train speed, Train weight

New Oil Train Safety Regs Focus on Accident Response, Not Prevention

Repost from Center for Biological Diversity

CenterForBiolDiv_logoNew Oil Train Safety Regs Focus on Accident Response, Not Prevention

Long Phase-out of Hazardous Cars, Inadequate Speed Limits Leave Communities at Risk of Explosive Derailments

For Immediate Release, December 7, 2015
Contact: Jared Margolis, (802) 310-4054

WASHINGTON— A new transportation bill signed by President Obama includes provisions intended to improve the safety of oil trains, but leaves puncture-prone tank cars in service for years and fails to address the speed, length and weight of trains that experts point to as the leading causes of explosive derailments. The bill upgrades safety features on oil train tank cars and requires railroads to provide emergency responders with real-time information about when and where dangerous oil cargoes are being transported but doesn’t do enough to prevent oil train accidents, which have risen sharply in recent years.

“While these regulations improve our ability to prepare for oil train disasters they do virtually nothing to prevent them from ever occurring in the first place,” said Jared Margolis, an attorney with the Center for Biological Diversity who focuses on the impacts of energy development on endangered species. “Until we dramatically reduce the speed and length of these bomb trains it’s only a matter of time before the next explosive derailment sends fireballs rolling through one of our communities.”

The new regulations will require all oil train tank cars to include fire-resistant ceramic coatings and protections for protruding top fittings. The final rule issued by federal regulators in May only required oil trains with 35 loaded oil tank cars or 20-car blocks of oil tank cars to implement the new standards, and would not have required the ceramic blankets or top fitting protections for all retrofitted cars.

But experts say even the protective measures included in the new transportation regulations signed into law on Friday will do little to prevent a spill if a train derails at speeds faster than 18 mph, and oil trains are permitted to travel at 40 mph to 50 mph. And the new regulations do not require the phase-out of dangerous puncture-prone tank cars to begin until 2018, and allows them to remain in service until 2029.

“It’s irresponsible to continue to allow these bomb trains to roll through the middle of our communities and across some our most pristine landscapes,” said Margolis. “We need to quit pretending we can make these dangerous trains safe and simply ban them altogether.”

Congress has directed the U.S. Department of Transportation to continue requiring notifications to states of train routes and frequencies so communities can better prepare to respond to train derailments, explosions and oil spills. However, the new regulations do nothing to remedy the track infrastructure problems, or the excessive length and weight of oil trains, cited as leading causes of derailments. Further, it remains unclear whether the public will have access to information about these hazards.

“Keeping information on oil trains from public scrutiny is outrageous, and only serves to protect the corporate interests that care little about the risk to the homes, schools and wild areas that these trains threaten,” said Margolis. “We need to keep these trains off the tracks and keep these dangerous fossil fuels in the ground, rather than keeping the public in the dark.”

Background 

The National Transportation Safety Board has repeatedly found that current tank cars are prone to puncture on impact, spilling oil and often triggering destructive fires and explosions. But federal regulators have ignored the safety board’s official recommendation to stop shipping crude oil in the hazardous tank cars. Recent derailments and explosions have made clear that even the newer tank cars, known as CPC-1232s, are not significantly safer, often puncturing at low speeds.

The recent surge in U.S. and Canadian oil production, much of it from Bakken shale and Alberta tar sands, has led to a more than 4,000 percent increase in crude oil shipped by rail since 2005, primarily in trains with as many as 120 oil cars that are more than 1.5 miles long. The result has been oil spills, destructive fires, and explosions when oil trains have derailed. More oil spilled in train accidents just in 2013 than in the 38 years from 1975 to 2012 combined.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 900,000 members and online activists dedicated to the protection of endangered species and wild places.
Bakken Crude, Crude By Rail, Derailment, Explosion, Federal Regulation (U.S.), Oil spill, Public Safety, Rail Safety, Volatility

California Reps push rail safety amendments, vote no on gutted energy security bill

By Roger Straw, The Benicia Independent, December 6, 2015

California Reps push rail safety amendments, vote no on gutted energy security bill

Benicia’s neighboring congressional representatives, Mark DeSaulnier (CA-11) and John Garamendi (CA-3) co-sponsored TWO important amendments in new legislation passed recently by Republicans in the House.  The amendments were not enough to rescue a fundamentally bad bill.  DeSaulnier, Garamendi and Benicia’s rep, Mike Thompson (CA-5), all voted against passage.  (IMPORTANT: See Reasons below.)

1.  According to a December 3 press release, a measure to improve the safety of crude oil rail shipments across the nation, introduced by Congressman Mark DeSaulnier (CA-11), Congresswoman Nita Lowey (NY-17),  and Congressman John Garamendi (CA-3), was passed in the House by unanimous consent and included as an amendment to the Republican sponsored North American Energy Security and Infrastructure Act (H.R. 8).

The amendment requires the U.S. Department of Energy (DOE) to study the maximum level of volatility that is safe for transporting crude oil-by-rail within one year. Since 2008, oil traffic has increased over 5,000 percent along rail routes leading from production zones in the central continent to refineries and hubs along the coast.

“Crude oil production is at record levels, and railroads are moving more crude oil than ever. For over 25 years, I have represented areas in Contra Costa County which include four oil refineries and two destination facilities for oil-by-rail. This initiative is a first step in addressing concerns of communities, like those in my district, that face threats of environmental degradation, injury, and loss of life due to the unsafe handling of volatile oil in our railroad system,” said Congressman DeSaulnier.

2.  Another amendment to the bill, introduced by Rep. Garamendi, added the single word “transportation” to the section directing the Department of Energy to study “energy security valuation methods.”  According to Rep. Garamendi’s press release:

Energy policy can’t simply focus on “generation” …. “How we transport energy deserves very careful consideration. Too often, these choices are made without consideration of strategies to achieve important policy goals like creating good manufacturing jobs and enhancing our national security. Safety must also be a top concern: oil train traffic has increased by 5,000 percent because of the shale oil boom. The risk of derailments, spills and explosions is very real, and we need a volatility standard to guarantee the safety of the communities this oil traffic passes through. Oil trains can and do pass by major residential neighborhoods and schools in my district, including Davis, Dixon, Suisun and Marysville. I want them to be as safe as possible.”

Reasons…
Garamendi’s press release included his reasons for voting NO on the bill as amended:

Despite the success of his amendments, Congressman Garamendi voted against final passage of H.R. 8. The bill started out as a bipartisan compromise on energy policy before being gutted in favor of a bill that caters to the wish lists of big coal and big oil at the expense of consumers, agriculture and the environment.

“The very same week that leaders across the globe are meeting in Paris to find a worldwide solution to climate change, our Congress is seeking to lock our country into dependence on energy sources like coal and oil that pollute our environment and contribute to climate change,” said Congressman Garamendi. “H.R. 8 would artificially subsidize coal, inhibit the development of clean energy technologies, and reverse progress on energy efficiency. With climate change threatening our planet and way of life, we need to search for new solutions, not drag our country back to the energy policy of the last century.”

Congressman Garamendi was especially troubled by the adoption of an amendment to allow unfettered exports of crude oil without any safeguards for American motorists or industries.“If our country is seeking to become energy independent, it makes zero sense to allow unrestricted exports of our oil overseas,” he said. “It may make more profits for the oil industry, but it won’t help consumers, agriculture, or the refinery industry here at home. It’s a bad idea.”

Broken rail, Crude By Rail, Derailment, Ethanol, Federal Regulation (U.S.), High Hazard Flammable Trains (HHFTs), Rail industry lobby, Rail wear limits, Tank car retirement, Tank car retrofit, Track maintenance, Train speed, Train weight

AP: Railroads beat back new safety rules after derailments

Repost from the Boston Herald

AP: Railroads beat back new safety rules after derailments

By Matthew Brown and Michael Kunzelman, December 05, 2015
FILE -In this Monday, Feb. 23, 2015, file photo, clean up continues near Mount Carbon, W.Va., where a train derailed and sent a tanker with crude oil into the Kanawha River. A little-known truth about North American railroads: No rules govern when rail becomes too worn down. Since 2000, U.S. officials blamed rail wear as the direct cause of 111 derailments causing $11 million in damage. (AP Photo/Chris Tilley, File)

A pair of train derailments in 2012 that killed two people in Maryland and triggered a fiery explosion in Ohio exposed a little-known and unsettling truth about railroads in the U.S. and Canada: No rules govern when rail becomes too worn down to be used for hauling hazardous chemicals, thousands of tons of freight or myriad other products on almost 170,000 miles of track.

U.S. transportation officials moved to establish universal standards for when such steel gets replaced, but resistance from major freight railroads killed that bid, according to Associated Press interviews with U.S. and Canadian transportation officials, industry representatives and safety investigators.

Now, following yet another major accident linked to worn-out rails — 27 tanker cars carrying crude oil that derailed and exploded in West Virginia earlier this year — regulators are reviving the prospect of new rules for worn rails and vowing they won’t allow the industry to sideline their efforts.

“We try to look at absolutely every place where we can affect and improve safety,” said Federal Railroad Administrator Sarah Feinberg. “Track generally is the place that we’re focusing at the moment, and it’s clearly overdue. Rail head wear is one place in particular that we feel like needs to be addressed as soon as possible.”

An official announcement on the agency’s intentions to revisit rail wear is expected by the end of the year.

In the meantime, federal regulators haven’t taken the positive steps that they need to, said Ronald Goldman, an attorney for the families of the two 19-year-old women who died in a 2012 derailment outside Baltimore.

“It’s a lack of will, not a lack of ability, in my opinion,” he added.

Industry supporters argue that the seven major freight railroads in the U.S. and Canada are in the best position to know what is going on with their lines, including when they need to be replaced or have the maximum speeds for trains traveling on them lowered. They also note a long-term decline in accidents that has reduced the frequency of derailments by more than 40 percent since 2000.

All sides agree it’s difficult to pinpoint how many accidents are tied to worn rail. Since 2000, U.S. officials blamed rail wear as the direct cause of 111 derailments causing $11 million in damage.

That’s less than 1 percent of all accidents, yet it masks a broader safety dilemma: Years of massive loads rolling over a rail will exacerbate defects in the steel, such as cracks or fractures. Investigators ultimately list the defect as the cause of a derailment, but it might never have been a problem if the rail had not been worn down.

“Rail defects are internal and rail wear is external, and when external meets internal, that’s when problems may arise,” said John Zuspan of Track Guy Consultants, a Pennsylvania firm that offers track inspections, safety training and other services for railroads.

Two accident causes in particular have the strongest correlation with worn-out rails: “detail fractures” that result from fatigued metal, and “vertical splits” in the head of the rail, where it makes contact with a train’s wheels, according to the FRA.

Those problems caused a combined 1,200 derailments with $300 million in damages, three deaths and 29 people injured in the U.S. between 2000 and the present, according to accident records reviewed by the AP.

Among them was the July 2012 derailment of a Norfolk Southern Railway train hauling ethanol and other products through Columbus, Ohio. Seventeen cars derailed, including three hauling highly flammable ethanol that exploded into flames, triggering an evacuation of surrounding neighborhoods.

A month later, another accident occurred involving a CSX Transportation train hauling coal over a bridge along Main Street in Ellicott City, Maryland, outside Baltimore. Twenty-one cars derailed when the company’s worn-down rail split beneath the weight of the coal cars. The two college students sitting on the bridge died, crushed by thousands of pounds of spilled coal.

The victims’ families reached a settlement with CSX last year for undisclosed terms. Goldman, the families’ attorney, said he pressed federal officials for a forum that would allow his clients to testify about the issue, but “nothing really happened.”

A month after the CSX derailment, federal regulators asked the Rail Safety Advisory Committee — a panel created by the Railroad Administration to include the industry and others in fashioning safety rules — to craft new standards to reduce the risks of worn-down rail. The committee set up a 116-person working group to tackle the problem, made up of industry representatives, government officials, consultants, researchers and railroad worker unions.

The group included 55 representatives from the major freight railroads and their industry organization, the Association of American Railroads. The FRA had 14 seats at the table and their counterparts from Transport Canada had five.

Following several meetings in 2012 and 2013, the group — which required consensus before recommending action — agreed on voluntary guidance for companies to manage rail wear, but no new regulations.

“There was certainly a lot of pushback and a lot of political pressure put on FRA not to adopt regulations for rail wear,” said Richard Inclima, director of safety for the union that represents track inspectors and a member of the working group. “Rail wear limits were on the table. The industry raised a lot of arguments against rail wear limits.”

“The industry doesn’t want to be regulated,” he added. “That’s no secret.”

The railroads’ opposition was confirmed by others involved with the group’s work including from the National Transportation Safety Board, the FRA and Transport Canada.

Association of American Railroads spokesman Ed Greenberg said the railroads were “unaware of any science-based data supporting rail wear limits.”

NTSB investigator Richard Hipskind, who took part in the Ellicott City and Columbus accident investigations and later served on the rail wear working group, said more research would be needed to establish universal standards.

Railroads have their own internal standards for rail wear, and have replaced more than 30,000 miles of rail since 2010, according to reports submitted by the major railroads to the U.S Surface Transportation Board, a semiautonomous agency under the umbrella of the U.S. Department of Transportation.

Standards vary among railroads and are complicated by differences in how much weight a given line bears, whether it’s in a wet or dry climate, and if the line goes through mountains or involves lots of turns. Those variables can make the difference between well-worn rail that’s still safe and routes that poses a heightened safety hazard, according to industry experts and safety officials.

Greenberg said the industry takes an aggressive approach to identifying and removing defective or worn sections of rail.

“Each railroad has its distinct operating environment and operating conditions that would be factored into this,” Greenberg said. He added that the industry was now interested in “renewed dialogue” with the FRA on the topic.

The AP requested details on rail wear standards from each of the seven major freight railroads — BNSF Railway, Union Pacific, Canadian Pacific, CSX, Canadian National, Norfolk Southern and Kansas City Southern. They either refused the request or referred questions to the railroad association, which also declined to release the standards.

Public attention to train derailments increased sharply after July 2013, when an out-of-control oil train derailed and exploded in Lac-Megantic, Quebec, killing 47 people. One of the most significant changes to emerge from that and other accidents involving crude and ethanol was a mandate for companies to phase out or upgrade tens of thousands of tank cars that are prone to rupture.

Those are important changes, said James Horbay, a rail safety engineer with Transport Canada. But what causes trains to come off the tracks in the first place needs to be resolved, he said.

“If you crash an airplane, are you going to say, ‘Let’s build an airplane that’s not going to fall apart when it hits the ground?'” he asked. “Whether rail wear is something that should be looked at is a good question to ask. You’re going right to the cause now.”

Matthew Brown reported from Billings, Montana.  Michael Kunzelman reported from Baton Rouge, Louisiana.