Tag Archives: Federal Regulation (U.S.)

Albany NY Area officials say crude-oil transport is getting safer

Repost from The Press Republican, Plattsburgh, NY
[Editor: the safety improvements showcased here are far from adequate, nevertheless, it’s a good update on conditions in New York.  Sen. Schumer is absolutely right – the DOT-111 tank cars should be taken out of service immediately… and not just in New York.  And Bakken crude should be stabilized before it is transported (not just conditioned) … just as it is in Texas.  – RS]

Area officials say crude-oil transport is getting safer

Lohr McKinstry, December 6, 2014

LEWIS — New state regulations on crude-oil trains should help make them safer, Emergency Services officials from Essex and Clinton counties said recently.

State agencies have implemented 66 actions designed to strengthen standards, regulations and procedures to make the transport of crude oil by rail and water in New York safer and to improve spill preparedness and response.

Gov. Andrew Cuomo received a status report outlining the progress made by multiple state agencies after they were directed to evaluate the state’s capacity to prevent and address crude-oil accidents.

Local leaders have been concerned about the 100-car-plus oil trains moving through Clinton and Essex counties as the crude oil extracted in North Dakota arrives via Canadian Pacific Railway trains.

The oil is on its way to the Port of Albany, where it is stored for transport to various refineries.

IMPROVEMENTS

Essex County Emergency Services Director Donald Jaquish said he sees the new procedures as a safety benefit to the North Country.

“It’s a step in the right direction,” he told the Press-Republican. “We’re in a better position than we were a year ago.”

There’s been concern the trains could derail, and the oil burn or explode, as it has in other regions, and Jaquish praised Canadian Pacific for trying to make the tracks and tank cars safer.

“Upgrading the DOT-111 tank cars, rail replacement and maintenance, and specialized training are all beneficial to safety.

“Canadian Pacific has been helping us with training, hands-on-experience, that first responders need for these situations.”

EVACUATION PRACTICE

The tank cars are not owned by Canadian Pacific but by oil companies and vendors, and as a federal common carrier, the railroad is required to transport them.

Both the railroad and federal regulators have pushed for upgrades to the DOT-111 single-shell cars or a switch to the stronger DOT-109 or 112 cars.

“In almost any situation we get, we will be doing evacuations,” Jaquish said. “We’ve been working with Clinton County on planning and implementation.”

Clinton County Emergency Services Director Eric Day said any improvements to the transport of oil cars are welcome.

“At the end of the day, what they’ve done is good, no question,” Day told the Press-Republican. “Any regulatory move to make the DOT-111 cars safer is a plus. It’s a long time coming.”

One problem is that there are thousands of DOT-111 tank cars still in service, he said.

“There are so many of them (DOT-111 cars) out there on the tracks. They’re not going to stop moving the oil before they fix the cars. The oil is not going to stop coming any time soon.”

STATE GUIDANCE

Day said enhanced state regulations on oil shipments will be helpful.

“If there are changes that are pushed upon them (shippers), it can only make it safer. We’ve seen some of the benefits of the state’s work with regard to planning,” he said.

“We have guidance now on firefighting potential on dealing with these things. There are so many variables. Multiple cars of this crude oil on fire are a different animal.”

He said that, thanks to a donation, they now have the foam needed for such fires. The expensive product costs $30,000 for 1,000 gallons of foam but puts out crude-oil-based fires.

VOLATILE GAS

The North Dakota Industrial Commission has proposed draft regulations to remove the volatile gases from the oil before it is shipped, and Day said that provision is a good one.

“One of the things that makes the Bakken crude so volatile are the gases in the oil. The gas works its way out and is stuck in the head space of the car. If they breech, there’s flammable gas; cars that aren’t breeched and heat up, the gas could expand and be a problem.

“Removing that gas is a possibility before they put in the cars and ship it. If they could do that, it’s a big win.”

FEDERAL ROLE

Cuomo called for the federal government to mandate tank-car upgrades or replacement.

“The federal government plays a vital role in regulating this industry, and Washington must step up in order to expedite the implementation of safer policies and rules for crude-oil transport,” he said in the release.

The governor said the oil-production industry has resisted stronger tank-car standards and regulations requiring companies to reduce the volatility of crude before shipment.

A new report from the Brattle Group for the Railroad Supply Institute, a trade group, showed that a proposed federal rule to upgrade rail-tank cars could cost $60 billion.

According to the report, the high price tag is largely due to the costs associated with potential modifications to tank cars, early retirement of existing tank cars, temporarily using trucks instead of rails for transport and lost service time for tank cars under modification or awaiting modification.

‘TIME BOMBS’

U.S. Sen. Charles E. Schumer (D-NY) has also come out against use of DOT-111 cars.

“These outmoded DOT-111 tank cars … are ticking time bombs that need to be upgraded ASAP,” the senator said in a news release.

“That is why for two years, since the tragedy at Lac-Megantic, I have pushed federal regulators to phase out and retrofit these cars.

“As a result of our efforts, the federal Department of Transportation has put a proposal on the table that could start taking these cars off the tracks within two years, as well as restrict the speeds at which these trains operate.”

On July 6, 2013, a 74-tank-car train carrying Bakken light crude derailed in Lac-Megantic, Quebec, and the tank cars exploded, killing 47 people, destroying 30 buildings and spilling 1.5 million gallons of heavy crude oil.

That disaster was followed by oil-train-explosion derailments in Alabama, North Dakota, Illinois and New Brunswick, Canada.

Washington State report on oil train safety: new risks, more to do

Repost from BismarckTribune.com, Bakken Breakout

Study: more to do as oil trains pose new risks

December 02, 2014, PHUONG LE, Associated Press

SEATTLE — The spike in crude oil shipments by rail in Washington is creating new potential risks and will require increased safety measures and improved oil spill response and prevention, according to a state study delivered to lawmakers.

Even as more trains carry volatile shipments of crude oil into the state, nearly 60 percent of first responders said they don’t have sufficient training or resources to handle a train derailment accompanied by a fire.

The draft report delivered on Monday makes a dozen key recommendations to the Legislature for the upcoming two-year budget, including more training for first responders, more railroad inspectors and ensuring that those who transport oil can pay for cleanup.

Some actions don’t require money, but the others could total more than $14 million.

The report also outlines the environmental and safety risks from oil transport, many of which could be mitigated with additional federal and state resources.

Derailments of oil trains have caused explosions in several states and Quebec, where 47 people were killed when a runaway train exploded in the city of Lac-Megantic in July 2013.

In Washington, crude oil shipments went from zero in 2011 to 714 million gallons in 2013, and could reach nearly 3 billion gallons by the end of this year or in 2015, the report said.

As many as 19 mile-long trains carrying Bakken crude oil from North Dakota and Montana pass through the state weekly. Nearly 3 million people live in 93 cities and towns on or near these routes, posing potential public safety, health and environmental risks, the report said.

One train typically has about 100 rail cars and carries about 3 million gallons of oil. Some trains head south to Oregon and California without stopping to transfer oil in Washington. Others deliver oil to Washington facilities.

By 2020, the number of trains could grow to 137 a week if all proposed crude-by-rail terminals, including projects in Longview and Grays Harbor are built out and oil continues to be exported through the state, the report said.

Those proposed terminals could also bring more tanker and tug and barge traffic in the Columbia River and Grays Harbor area, as well as along the coast.

BP Cherry Point Refinery in Puget Sound is currently receiving Bakken crude oil deliveries from tug-barges from the Columbia River.

The report also raises concerns about diluted bitumen, which comes mostly from Alberta oil sands and has been shipped into the state for years. But shipments are increasing. Bitumen raises spill response challenges because it may sink or submerge in water if spilled, making recovery of the oil difficult, the report said.

The Department of Ecology, the Utilities and Transportation Commission and the Washington Military Department’s Emergency Management Division worked on the report.

Washington State recommends 40 measures to improve oil train safety

Repost from TDN.com, Longview, WA

Ecology report details plans to make oil trains safer

By Shari Phiel, December 01, 2014

A new, 500-page state report says railroad oil shipments through Washington may increase sevenfold in the next six years and recommends 40 measures to improve safety and protect the environment.

The state Department of Ecology report, released Monday, recommends additional spending for emergency planning, training and equipment, rail inspections and ongoing risk assessments.

The study does not outline the costs of measures it is suggesting to the railroad industry and the Legislature. Lawmakers already are grappling with budget shortfalls to fund court-ordered and voter-approved mandates for improving public schools.

“There’s a lot of people concerned about oil trains, including myself. But I think whatever we do it has to be reasonable and not go so far as to be unrealistic for the industry,” state Rep. Dean Takko, D-Longview, said Monday.

The Legislature requested the study based on recent changes in how crude oil moves through rail corridors and Washington waters.

Ecology’s report says 19 crude oil unit trains — each measuring 100 cars — now move through Washington each week. That number could grow to 137 trains per week by 2020 if the full build-out of proposed oil terminals is permitted, Ecology said.

The oil is coming from the North Dakota’s Bakken area. Many of the trains run through the Burlington Northern Santa Fe main lines that run through Cowlitz County.

“I don’t have a problem with oil trains if the safety stuff that needs to be done is done,” Takko said.

But increased safety measures aren’t the only issues the state is considering. The Washington Military Department’s Emergency Management Division, which helped research and compile Ecology’s report, also looked at how emergency crews would respond to an oil spill or train derailment.

“In our survey of first responders, we heard from a large percentage of districts that believe they need additional training or resources to effectively respond to a train derailment and fire,” EMD spokeswoman Karen Ferreira said.

Ecology included recommendations for more track, upgrades to equipment and crossing signals, furnishing oil spill response equipment, and developing hazardous materials response teams.

Opponents to crude oil shipments through the Pacific Northwest aren’t looking to the state for answers.

“There’s really not a lot the state can do. This is a federal issue,” Longview activist John Green said.

Burlington Northern spokesman Gus Melonas had not seen the report, but he said the railroad “is committed to safely move all types of commodities through Longview. We have thorough processes for inspection, detection … and will continue to invest to protect the railroad, public and environment complying with Federal standards. BNSF will continue to work closely with Washington state on future safety discussions.”

The final report will be delivered to the Legislature on March 1.

NY Gov. Cuomo accuses federal officials of moving “unacceptably slow” on proposed rules

Repost from RecordOnline, Middletown, NY

Cuomo: Feds need to address crude-oil shipments by rail

By Leonard Sparks, Dec. 1, 2014

ALBANY – New York Gov. Andrew Cuomo called on the federal government to tighten rules governing crude-oil shipments by rail as the state released a report Monday documenting actions to protect Hudson River communities from derailment-related spills and explosions.

State rail inspectors uncovered more than 700 track and equipment defects and 12 hazardous material violations during seven inspection “blitzes” this year, according to the report, which documents New York’s progress in implementing 12 recommendations to improve safety.

Cuomo’s administration accuses federal officials of moving “unacceptably slow” on proposed rules to make crude shipments safer, including a proposal to phase-out the DOT-111 rail cars that many consider unfit for shipping oil.

“Over the past six months, our administration has taken swift and decisive action to increase the state’s preparedness and better protect New Yorkers from the possibility of a crude oil disaster,” Cuomo said. “Now it is time for our federal partners to do the same.”

Hydraulic fracturing has fueled a surge in U.S. oil production and the use of trains to carry highly flammable crude from the Bakken shale fields in North Dakota to Albany’s port. From there it is shipped by rail and water down the Hudson River valley.

On July 6, 2013, a train derailed at Lac-Megantic, a town in Quebec, Canada. Oil leaked from the train’s DOT-111 cars and ignited, causing explosions and the deaths of 47 people.

In February, a freight train pulling empty oil cars derailed in the Town of Ulster. Supervisor Jim Quigley said he has been vocal about upgrading the tank cars.

New York added five safety inspectors, began training local emergency responders and started the process of updating spill-response plans as part of a multipronged strategy to protect communities along shipment routes.

Last month, the state urged the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration to “expeditiously” remove DOT-111 cars from service or require they be retrofitted to carry oil.

Sen. Charles Schumer described the cars as “ticking time bombs.”

“I am pushing DOT to commit to the strongest of these regulations as soon as possible,” he said. “We can’t afford any delay.”