Tag Archives: Federal Regulation (U.S.)

Emergency Readiness & Response, Federal Regulation (U.S.), Funding for emergency response, Massive increase in crude-by-rail, Rail inspection, Risk Assessment, State regulation

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.

Crude By Rail, DOT-111, Federal Regulation (U.S.), Rail inspection, State regulation

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.”

Bakken Crude, Crude By Rail, Derailment, Emergency Readiness & Response, Federal Regulation (U.S.), Hazmat notification, Hospitals, Massive increase in crude-by-rail, Public Comment, Public permitting, Schools, State regulation, Tar sands crude

New Jersey regulators bypassed public in permitting oil trains

Repost from NorthJersey.com

In the dark

Editorial, The Record, November 26, 2014
An air permit issued on Nov. 6 by the state Department of Environmental Protection allows Buckeye Partners to accept large amounts of Canadian tar sands oil at its newly renovated oil terminal in Perth Amboy.
An air permit issued on Nov. 6 by the state Department of Environmental Protection allows Buckeye Partners to accept large amounts of Canadian tar sands oil at its newly renovated oil terminal in Perth Amboy. | DON SMITH/STAFF PHOTOGRAPHER

SHARPLY INCREASING the amount of oil transported by rail through New Jersey is not a “minor modification” and should not have been approved by the state without public notice.

The result is that the public continues to remain largely in the dark about trains carrying crude oil through the area.

The lack of disclosure started with officials saying they feared that providing specifics about the trains and their contents could make them a target. What is known is that trains pass through 11 Bergen County towns on the way to a refinery in Philadelphia.

Without a public hearing, the state Department of Environmental Protection issued a permit on Nov. 6 to let Buckeye Partners accept large amounts of Canadian tar sands oil at its Perth Amboy terminal and also granted its request to increase the amount of oil it can transfer there annually to almost 1.8 billion gallons.

This means that an additional 330 oil trains could travel New Jersey’s freight lines each year, while as much as 5 billion gallons of crude oil from the Bakken oil fields of North Dakota already pass through. The extra trains would add on average a little less than one train a day, which does not seem like much. But the lack of communication is disturbing.

Local emergency personnel and environmentalists fear the disaster they would face if a train derails. The tar sands oil can sink in water and is difficult to remove if spilled. Crude from the Bakken region is highly flammable. Having these materials hurtle through local neighborhoods — going by schools, hospitals and homes — brings major risks.

We know this isn’t an easy problem to solve. Oil has to be transported, and everyone enjoys cheaper prices at the gas pumps. However, DEP officials were wrong to say the 603-page permit was a “minor modification” that required no public participation.

New York officials faced a similar application from another company. That prompted a public hearing and a review of whether to allow the transport of large amounts of heavy crude because of these risks. New Jersey should at least have given this the same thorough — and public — review.

DEP officials say they can only regulate what happens on Buckeye’s property.

“We regulate emissions and have requirements for how materials are handled, stored or discharged, but we cannot limit how much is processed or how much is transported,” said Larry Hajna, a DEP spokesman.

While the federal government regulates the cargo carried on railroads, the DEP can cap the amount of emissions a facility can put in the air. That, according to environmentalists, could be an indirect way to limit the amount of oil moved through the state.

While rail industry officials say 99 percent of trains reach their destination without incident, it’s the 1 percent that worries us.

If anything, the number of oil trains barreling through New Jersey looks to be on the rise. That’s only more reason for the state to stop its silence on the issue.

Crude By Rail, Derailment, Explosion, Federal Regulation (U.S.), Fire, Massive increase in crude-by-rail, Oil spill, Train length, Train weight, Water quality

Petition Seeks to Limit Length, Weight of Oil and Hazardous Material Trains to Prevent More Derailments

Repost from The Center For Biological Diversity
[Editor: Download the 11-page petition here.  – RS]

Center for Biological Diversity

For Immediate Release, November 25, 2014
Contact: Jared Margolis, Center for Biological Diversity, (971) 717-6404, JMargolis@biologicaldiversity.org
Leah Rae, Riverkeeper, (914) 478-4501 x 238, LRae@riverkeeper.org

  Petition Seeks to Limit Length, Weight of Oil and
Hazardous Material Trains to Prevent More Derailments

Existing Federal Proposals Fail to Sufficiently Protect Public, Environment From “Bomb Trains”

PORTLAND, Ore.— In the face of a dramatic rise in trains carrying explosive crude oil and derailing in a series of devastating accidents, the Center for Biological Diversity and Riverkeeper, Inc. today petitioned the Obama administration to protect the public and environment by significantly reducing the risk of oil train derailments by limiting the length and weight of trains hauling oil and other hazardous liquids.

Federal regulators have acknowledged that the weight and length of oil trains has contributed to derailments and spills in recent years, and that, in all cases, the size of a train compounds the potential significance of a disaster. But agencies have not proposed any solutions to address this concern. In fact the latest federal proposal aimed at improving tanker car safety admits the rule could result in longer, heavier trains.

“One of the quickest ways to make these oil trains safer is limiting how much of this volatile crude oil they can carry,” said Jared Margolis, an attorney at the Center who focuses on the impacts of energy development on endangered species. “The government has acknowledged the dangers of these massive trains — now it needs to take action to protect people and wildlife from spills and derailments.”

Today’s petition calls for oil trains to be limited to 4,000 tons, which is the weight the American Association of Railroads has determined to be a “no problem” train, meaning there would be significantly less risk of derailment. This would limit oil trains to 30 cars. Most oil trains today include about 100 cars — well beyond what the industry has determined to be truly safe.

“Federal regulators have admitted these oil trains pose a significant risk to life, property and the environment, and granting our petition would significantly reduce those risks,” said Phillip Musegaas, Hudson River Program Director for Riverkeeper. “The government, to date, has left the lid off this explosive industry — setting a cap on train length and weight is a necessary, logical, safety step that is one of the simplest ways to reduce the risks that our communities, first responders and ecosystems are confronted with on a daily basis.”

Oil transport, especially by rail, has dramatically increased in recent years, growing from virtually nothing in 2008 to more than 400,000 rail cars of oil in 2013. Billions of gallons of oil pass through towns and cities ill equipped to respond to the kinds of explosions and spills that have been occurring. A series of fiery oil-train derailments in the United States and Canada has resulted in life-threatening explosions and hundreds of thousands of gallons of crude oil being spilled into waterways.

The worst was a derailment in Quebec that killed 47 people, forced the evacuation of 2,000 people, and incinerated portions of a popular tourist town. The most recent explosive derailment occurred in April in downtown Lynchburg, Va., resulting in crude oil leaking out of punctured tank cars, setting the James River on fire and putting habitat and drinking water supplies at risk.

Without regulations that will effectively prevent derailments, oil trains will continue to threaten people, drinking water supplies and wildlife, including endangered species.

“This petition directly tackles one of the root causes of these dangerous, unnecessary oil train derailments,” said Margolis. “We’ll continue to push regulators until they step up and ensure the safety of people, wildlife and the environment we all share.”

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 800,000 members and online activists dedicated to the protection of endangered species and wild places.

Riverkeeper is a member-supported environmental watchdog organization dedicated to defending the Hudson River and its tributaries and to protecting the drinking water supply of nine million New York City and Hudson Valley residents.