Tag Archives: Federal Regulation (U.S.)

Bakken Crude, Crude By Rail, DOT-111, Federal Regulation (U.S.), Rail inspection, Tank car retirement, Tank car retrofit, U.S. Department of Transportation

Federal budget bill sets January deadline on safety rules for oil tanker cars

December 12, 2014 Roger Straw

Repost from The Seattle Post Intelligencer (seattlepi.com)

Federal budget bill sets January deadline on safety rules for oil tanker cars

December 10, 2014 | By Joel Connelly

Tanker cars from a derailed CSX oil train burn after derailing in downtown Lynchburg, Virginia, last April. Increasing numbers of oil trains pass through Seattle and other Puget Sound cities en route to four refineries on northern Puget Sound. (AP Photo/City of Lynchburg, LuAnn Hunt)

Hidden away in Congress’ big spending bill, designed to fund the federal government through FY 2015, are stern marching orders to the U.S. Department of Transportation:

Deliver a final rule for new, safer oil tank car design standards by Jan. 15, 2015, and require that all rail carriers put in place comprehensive oil spill response plans.

The budget provisions, inserted by Sens. Patty Murray, D-Wash., and Susan Collins, R-Maine, are prompted by an oil train disaster in Quebec, and the rapid increase in trains carrying volatile Bakken crude oil from North Dakota to four refineries on northern Puget Sound.

“In Washington state, we’ve seen a startling increase in oil train traffic through communities of all sizes, from downtown Seattle to smaller, rural communities across the state,” said Murray, who has chaired the Senate Appropriations subcommittee on transportation.

“That’s why I worked to set a deadline for the Department of Transportation to issue new safety standards for tank cars next month and worked to fund a Shirt Line Railroad Safety Institute that will help protect smaller communities without sufficient resources to respond to oil trains.”

An old adage applies to the oil train issue: There’s nothing like a hanging in the morning to focus the mind.

In July of 2013, brakes failed and an unmanned runaway train sped into the small town of Lac-Megantic, Quebec, just over the border from Maine. It blew up, killing 47 people and leveling downtown.

The train was using 1960′s-designed DOT-111 tank cars. Another train, using DOT-111 cars, exploded into mushroom-cloud flames last December outside Casselton, N.D.. It forced evacuation of more than 2,000 people from the small town.

While promising new safety measures, the Department of Transportation has been criticized for giving railroads too much wiggle room.

The DOT said last summer it is setting a two-year deadline for getting DOT-111 tank cars off the rails. In reading the fine print, however, the clock would begin ticking in September of 2015 — giving rail carriers more than three years to stop use of the explosion-prone tank cars.

The federal budget bill would make available $10 million in grants to improve safety at railroad grade crossings that handle crude oil or other hazardous flammable liquids.

The DOT gets resources to hire 15 new hazardous-materials and rail-safety inspectors and $3 million to expand the use of automated track inspections to make sure rail tracks are maintained on crude oil transportation routes.

Refiners and shippers have responded.

Tesoro has stopped use of DOT-111 tank cars to supply its Anacortes refinery. The Burlington Northern-Santa Fe Railroad has announced a purchase of new, safer tank cars.

But the railroads have continued to resist making full, up-to-date information on oil shipments available to state and local emergency responders. They are fearful the information will be made public.

While Murray is touting its oil train provisions, the $1.1 trillion spending bill has drawn some fire from the political left.

Republicans have secured concessions, loosening Wall Street regulation and letting wealthy donors give more to political campaigns. The bill has slightly weakened school lunch nutrition standards championed by first lady Michelle Obama.

Liberal Rep. Jim McDermott, D-Wash., is voting against the bill.

“It is inconceivable that Congress would cut crucial regulations in the Dodd-Frank Act, when risky derivatives trading was at the center of the 2008 financial crisis,” said McDermott.

“Why is Congress giving Wall Street a massive Christmas present, when so many hard-working Americans are struggling to make ends meet?”

Federal Regulation (U.S.), Parked trains, Unattended trains

U.S. Crackdown on Oil Trains—Less Than Meets the Eye

December 9, 2014 Roger Straw

Repost from Inside Climate News

U.S. Crackdown on Oil Trains—Less Than Meets the Eye

Federal regulators don’t stop oil trains from being left unattended, engines running.

By Marcus Stern and Sebastian Jones, Dec 8, 2014

The aftermath of the Lac-Megantic crude rail explosion in 2013 in Canada. Credit: Axel Drainvile, flickr

This story is part of a joint investigation by InsideClimate News, The Weather Channel and The Investigative Fund. Read the main story Boom: North America’s Explosive Oil-by-Rail Problem.

The first public action U.S. rail regulators took after a fiery oil train explosion killed 47 people in Canada in July 2013 seemed clear, impactful and firm: Trains carrying hazardous materials could no longer be left unattended with their engines running unless the railroad first got approval from the Federal Railroad Administration.

Leaving a freight train unattended overnight with the engines running had been a major factor in the Lac-Megantic, Canada, disaster, and the August 2, 2013 news release announcing the U.S. action had a no-more-business-as-usual tone. The emergency order was “a mandatory directive to the railroad industry, and failure to comply will result in enforcement actions,” the press release said, adding no train shall be left unattended on the tracks with its engines running “unless specifically authorized.”

But it turns out that the emergency order had a loophole big enough to drive a locomotive through.

VIDEO: Boom: North America’s Explosive Oil-by-Rail Problem

Early on the morning of May 6, less than a year after the order was announced, James Racich, a trustee of the town of Plainfield, Ill., noticed a train parked near a crossing in the middle of town with its engines running early. Racich didn’t know about the emergency order, and he was accustomed to seeing trains left unattended on that stretch of track, enough so that it was a sore point with him. When he returned six hours later and saw the train still there—its engines still running with nobody aboard—he contacted the police. They confirmed that the train’s engines were unattended and contacted the railroad, Canadian National.

“They basically told us the train was secure, was locked up, things like that,” Plainfield Police Chief John Konopek said in an interview, adding “We have our hands tied. Because of federal regulation they can do that.”

The half-mile long train parked in Plainfield was a mix of hazmat tankers and non-hazmat box cars, Konopek said. Its crew members had left it unattended because they had reached their maximum allowable number of hours of continuous work. By the time the replacement crew arrived, the train had been parked in downtown Plainfield, unattended with its engines running, for more than seven hours, according to Racich.

Patrick Waldron, Canadian National’s director of state government relations, said in an interview that stopping the train on that section of track was part of the company’s “normal operating practices and is in full compliance of the laws and regulations, including that order.”

When pressed about the emergency order, he said, “I know the emergency order, but I’ve answered your question.”

It turns out that Waldron was right, because the emergency order is far weaker than advertised.

A tough-sounding FRA news release announcing the order had said that railroads could no longer leave idling trains unattended without approval from the FRA. Five days later, however, the FRA published the actual order in the Federal Register with less fanfare and tough talk. It contained fine print masking a huge loophole: The order would be satisfied when the “the railroad develops, adopts, complies with and makes available to the FRA upon request, a plan” for such stoppages. The “FRA does not intend to grant approval to any plan,” the order continued. So railroads could continue leaving trains unattended without FRA approval.

According to FRA spokesman Kevin Thompson, regulators aren’t required to review the plan. The railroad simply has to keep the plan in its files.

Canadian National reported it had a plan, Thompson explained, so the company had complied with the emergency order and can continue leaving trains unattended on the tracks with their engines running.

This article is part of a project supported by the Alicia Patterson Foundation, the George Polk Award program at Long Island University, the Fund for Investigative Journalism and the Society of Environmental Journalists’ Fund for Environmental Journalism. It was reported in partnership with The Investigative Fund at The Nation Institute.

Oil Train Explosions: The Importance of Removing Volatile Gases – INFOGRAPHIC

Crude By Rail, Derailment, DOT-111, Emergency Readiness & Response, Evacuation, Federal Regulation (U.S.), Fire, Marine transport, Oil stabilization, State regulation, Tank car retirement, Tank car retrofit, Volatile gases

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

December 7, 2014 Roger Straw

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.

Bakken Crude, Canadian regulation, Cleanup funding, Crude By Rail, Emergency Readiness & Response, Massive increase in crude-by-rail, Rail inspection, State regulation, Tar sands crude

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

December 3, 2014 Roger Straw

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.