Repost from McClatchy News [Editor: Thank you to co-sponsors of Sen. Cantwell’s bill: Senators Patty Murray of Washington, Tammy Baldwin of Wisconsin and Dianne Feinstein of California, all Democrats. See also: the Cantwell press release (including a video), and the text of the legislation. – RS]
‘Get them off rails now,’ Sen. Cantwell says of some oil tank cars
By Curtis Tate, March 25, 2015
A DOT-111A tank car rolls past the Amtrak platform at Newark, Del., on July 28, 2013. CURTIS TATE — MCT
WASHINGTON — Sen. Maria Cantwell, D-Wash., introduced legislation on Wednesday that would immediately ban the least sturdy tank cars from carrying crude oil after a series of recent fiery train derailments.
The bill also would require the U.S. Department of Transportation to regulate the volatility of crude oil transported by rail, particularly oil extracted from shale formations in North Dakota’s Bakken region.
Cantwell’s bill follows four recent derailments in West Virginia, Illinois and Ontario that have drawn new scrutiny to the large volumes of oil moving by rail across North America.
The White House Office of Management and Budget is reviewing new regulations intended to address the safety concerns, but Cantwell told reporters Wednesday that the changes couldn’t wait.
“We know that we need to move on this legislation now,” she said. “Derailments keep happening, and we need to take responsibility to ensure that our communities are safer.”
Sens. Patty Murray of Washington, Tammy Baldwin of Wisconsin and Dianne Feinstein of California, all Democrats, are co-sponsoring Cantwell’s bill.
In addition to addressing tank cars and volatility, the legislation also would increase penalties for rail and energy companies that don’t meet federal safety requirements.
The bill would authorize funding to train emergency responders and require railroads to provide more information about oil shipments to state and local emergency officials. It also would require railroads to have comprehensive oil spill response plans.
The measure aims to remove from crude oil service the kinds of tank cars that have proved vulnerable to punctures and fire exposure in a series of derailments over the past two years.
Those include the older DOT-111 cars involved in a July 2013 derailment in Quebec that killed 47 people, as well as newer, industry-designed CPC-1232 cars involved in the most recent four derailments.
All lack thermal insulation and outer jackets to better protect the cars in derailments, and Cantwell’s bill would require tank cars carrying oil have those features.
“There are a bunch of tank cars that are unacceptable now,” she said. “So we’re saying get them off the rails, now.”
Cantwell noted that the rail industry asked the Transportation Department for an improved tank car design four years ago and that her bill would help give the industry some certainty.
“I’m willing to tell them right now: Here’s the standard that I think should be set,” she said.
Future Blast Zones? How Crude-By-Rail Puts U.S. Communities At Risk
By Steve Early, March 23, 2015
Smoke rises from derailed train cars in western Alabama on Nov. 8, 2013. | Photo: Reuters
The transport of petroleum via rail is now a well-known and unwelcome sight in many other U.S. communities. Its long distance rail transport has resulted in five major train fires and explosions in the last 16 months alone.
Richmond, California began life more than a century ago as a sleepy little railroad town. It was the second place on the eastern shore of San Francisco Bay where a transcontinental rail line connected with ferries, to transport freight and passengers to San Francisco. Now a diverse industrial city of 100,000, Richmond is still crisscrossed with tracks, both main lines and shorter ones, serving its deep-water port, huge Chevron oil refinery, and other local businesses.
Trains just arriving or being readied for their next trip, move in and out of a sprawling Burlington Northern Santa Fe (BNSF) rail yard located right next to the oldest part of town. Some train formations are more than 100 cars long. The traffic stalls they create on nearby streets and related use of loud horns, both day and night, have long been a source of neighborhood complaints. Persistent city hall pressure has succeeded in cutting horn blasts by about 1,000 a day, through the creation of several dozen much appreciated “quiet zones.” No other municipality in California has established so many, but only after many years of wrestling with the industry.
Despite progress on the noise front, many trackside residents continue to experience “quality of life” problems related to the air they breath. Some of their complaints arise from Richmond’s role as a transfer point for coal and petroleum coke (aka “pet coke”) being exported to Asia. As one Richmond official explained at a community meeting in March, these “climate wrecking materials” wend their way through the city in open cars—leaving, in their wake, houses, backyards, and even parked cars covered with a thick film of grimy, coal dust. Coal train fall-out has become so noisome in Richmond that its seven-member city council—now dominated by environmental activists— wants the Bay Area Air Quality Management District (BAAQMD) to mandate the use of enclosed cars.
This would seem to be a no-brainer, public health-wise. But the track record of this particular governmental agency—in any area related to public health and safety—has not been confidence inspiring lately. The BAAQMD is already complicit with the creation of Richmond’s most troubling new fossil fuel hazard in recent memory. For the last year, that threat has been on display, as far as the eye can see, at BNSF, which is owned by Nebraska billionaire Warren Buffett. Buffett’s rail yard has been filled with hundreds of black, tubular metal tank cars containing a particularly volatile form of crude oil that’s come all the way to Richmond from the new energy boomtowns of North Dakota.
Buffett’s Bomb Trains
The arrival of this highly volatile petroleum product is now a well-known and unwelcome sight in many other U.S. communities. Its long distance rail transport has resulted in five major train fires and explosions in the last 16 months alone. In addition to these spectacular non-fatal accidents, mostly occurring in uninhabited areas, North America’s most infamous crude-by-rail disaster took the lives of 47 people in July, 2013. That’s when a runaway train—improperly braked by its single-man crew—barreled into Lac-Megantic, Quebec, leveling all of its downtown.
Despite this alarming safety record, the BAAQMD has allowed Kinder Morgan, a major energy firm, to store up to 72,000 barrels per day at a Richmond facility leased from the BNSF; from there, it’s loaded tank trucks bound for the Tesoro Golden Eagle Refinery in Martinez, CA., (which has been shutdown recently due to a nationwide strike by the United Steel Workers). Before issuing the necessary permit for bringing Bakken crude into Richmond, the BAAQMD gave no prior notice, held no public hearings, and conducted no review of any possible environmental or health impacts.
Aided and abetted by regulatory lapses at multiple levels of government, this stealth approach has served the oil industry well. The precipitous drop in petroleum prices has recently made rail transport of Bakken crude less cost effective (leading to a curtailment of Bay Area shipments). But, prior to that temporary reprieve, the number of rail cars commandeered nationally for this purpose jumped from 9,500 six years ago to 500,000 last year. As labor and environmental critics have pointed out, the Achilles Heel of crude-by-rail everywhere is the aging condition and structural weakness of most tank cars, designed and used, in the past, for hauling less hazardous rail cargo.
Even newer, supposedly safer tank cars have failed to protect the public from the consequences of oil train collisions, rollovers, tank car ruptures, and spills. The total amount of oil spilled in 2013, due to derailments, was greater in volume than all the spills occurring in the U.S. during the previous forty years. On February 17, a major accident in West Virginia triggered a fire that burned for five days, forced the evacuation of two nearby towns, and seriously threatened local water supplies.
Trackside communities like Richmond lack sufficient legal tools to avert such disasters in the future, because rail safety enforcement rests with the federal government. Among its other foot-dragging, the U.S. Department of Transportation has failed to mandate tank car modernization and upgrading in timely fashion. As for the BAAQMD, according to Communities for a Better Environment (CBE) organizer Andres Soto, that agency may be “legally responsible for protecting Bay Area air quality but it really just acts as a tool of industry.”
A Contested Permit
CBE, the Sierra Club, and Asian Pacific Environmental Network filed suit last year to block Kinder-Morgan’s operation in Richmond. A superior court judge in San Francisco ruled that their challenge to the BAAQMD’s permit-granting authority wasn’t timely, a decision still under appeal. The Richmond City Council supported the permit revocation and urged Congress to halt all Bakken crude transportation by rail until tougher federal safety rules were developed and implemented
In the meantime, concerned citizens of Contra Costa County began fighting back, first by educating themselves about the dangers of crude by rail and then mobilizing their friends and neighbors to attend informational meetings and protests. Last March, Richmond’s then mayor, Gayle McLaughlin, a California Green, hosted a community forum that featured Marilaine Savard from the Citizens Committee of Lac-Megantic, and Antonia Juhasz, a leading writer and researcher about oil-related hazards. “The oil industry is far too powerful,” Savard told 150 people packed into the storefront headquarters of the Richmond Progressive Alliance. “The first duty of government should be to protect citizens, not shareholders.”
Since that event, CBE organizer Soto has been on the road, sounding the alarm before audiences throughout the county. In his power-point presentation, he highlights maps illustrating how big the “blast zones” would be in Richmond and other refinery towns if crude-by-rail triggered a fire and explosion on the scale of Lac-Megantic’s. Last September, direct actionists from the Sunflower Alliance and other groups took the fight directly to Kinder Morgan’s front door. Eight activists locked themselves to a gate leading to the facility; along with other supporters, they succeeded in disrupting truck traffic for three hours. After negotiations between Richmond police and BNSF security personnel, the protestors were allowed to leave without being arrested for trespassing.
Rail Labor And Environmentalists Meet
In the wake of recent high-profile oil train wrecks in West Virginia and Illinois, Richmond played host last weekend to more than 100 railroad and refinery workers, other trade unionists, community organizers, and environmentalists. They were attending the first of two regional strategy conferences sponsored by Railroad Workers United (RWU) and allied groups. RWU is national rank-and-file organization that seeks to build greater unity among rail industry craft unions long prone to bickering, back stabbing, and estrangement from potential non-labor allies.
“As railroaders,” the RWU declares, “we know that the safest means of transport is the railroad—far safer than roads and highways, inland waterways, and even pipelines. But the rail industry has taken advantage of a lax regulatory environment, conservative pro-business governments and weakened unions across North America to roll the dice on safety. It’s time for railroad workers, community, and environmental activists to come together and take a stand.”
One joint project discussed at the March 15 conference is the fight against single employee train crews. After Lac-Megantic was destroyed, the Canadian government banned one-person crews on trains hauling hazardous materials. In the U.S, carriers, big like BNSF continued to seek union approval for staffing reductions (while insisting that transport of crude oil, ethanol, or other flammable cargo would still require two person crews). To stop any further rail labor slide down this slippery slope, RWU rallied conductors to reject a deal their union negotiated with BNSF last year that would have permitted one-person crews.
Other safety concerns raised at the Richmond meeting included crew fatigue and railway attempts to cut labor costs by operating trains that are longer, heavier, and harder to stop in emergency situations. “Recent oil train derailments are directly linked to the length and weights of trains,” argued Jeff Kurtz, a railroad engineer from Iowa who spoke at the Richmond meeting. “The railroads know how dangerous it is to have 150-ton tank cars running on a 8,000 foot train.” Kurtz expressed confidence that “we can address these problems in a way that would improve the economy and the environment for everyone, “ if labor and climate change activists continue to find common ground.
RWU organizers are holding a second educational conference on March 21 in Olympia, Washington. According to Seattle switchman-conductor Jen Wallis, this kind of “blue-green” exchange, around rail safety issues, has never been attempted before in the Pacific Northwest. “Rail labor hasn’t worked with environmentalists to the degree that steelworkers and longshoreman and teamsters have, “ Wallis says. “It’s all very new.”
Steve Early is a former union organizer who lives in Richmond, California. He is the author, most recently, of Save Our Unions from Monthly Review Press. He is currently working on a new book about labor and environmental issues in Richmond.
As oil trains roll across America, volunteer firefighters face big risk
By Edward McAllister, Mar 23, 2015 4:45pm EDT
Firefighters’ jackets and helmets are hung on a wall in the main fire hall in West Webster, New York, December 28, 2012. Credit: Reuters/Carlo Allegri
(Reuters) – Volunteers at the Galena, Illinois, fire department were hosing down the smoldering wreck of a derailed BNSF oil train on the east bank of the Mississippi River on March 5 when a fire suddenly flared beyond their control. Minutes later, the blaze reached above the treetops, visible for miles around.
“They dropped the hoses and got out” when the flames started rising, said Charles Pedersen, emergency manager for Jo Daviess County, a rural area near the Iowa border which includes Galena. “Ten more minutes and we would have lost them all.”
No one was hurt in the fire, which burned for days, fed by oil leaking from the ruptured tank cars. But an increase in explosive accidents in North America this year highlights the risks that thousands of rural fire departments face as shipments of oil by rail grow and regulators call for improved train car standards.
Nearly two years after a crude oil train derailed, exploded and killed 47 people in the Canadian town of Lac-Megantic, Quebec, in 2013, there are no uniform U.S. standards for oil train safety procedures, and training varies widely across the country, according to interviews with firefighters and experts in oil train derailments and training.
About 2,500 fire departments are adjacent to rail lines transporting oil in North Dakota, Minnesota, Wisconsin, Illinois and Iowa alone, according to figures provided by the Department of Transportation, but no nationwide statistics exist. The DOT does not know which of these fire departments are in need of training, a spokesman said.
The scenario concerns experts who say more needs to be done for sparsely equipped, rural, mostly volunteer-run fire departments to prepare as oil train accidents increase. Already this year, four oil trains have derailed and exploded in North America, double last year’s tally.
No deaths have occurred as a result of U.S. derailments. Oil trains have been a consistent feature on U.S. rails only since 2009.
“Is it acceptable that we just let these fires burn out?” said Thomas Miller, board member of the National Volunteer Fire Council and principal at the National Fire Protection Association, which draws up training guidelines.
“We have to have a comprehensive plan to identify training levels required and to make sure training is available,” he said.
CART BEFORE HORSE
Railroads have increased safety training in the nearly two years since Lac-Megantic, a period during which nine trains have derailed and exploded in North America.
Berkshire Hathaway-owned BNSF, CSX Corp, Norfolk Southern Corp and other railroads have bolstered their own network of hundreds of hazardous-materials experts and equipment centers dotted around the country that react if an accident occurs.
The major North American railroads last year spent $5 million to send more than 1,500 first responders on a new three-day oil train program in Pueblo, Colorado, the first site dedicated to oil derailment training in the United States.
The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) is developing an oil derailment training module, expected to be completed in May.
But PHMSA funding to state and tribal governments for hazmat training has declined from $21.1 million in 2010 to $20.2 million last year, even as oil derailments increased. Moreover, interviews with fire departments across the country reveal stark disparities in training.
In Galena, where up to 50 oil trains roll through each week, the fire department had received some basic hazmat training provided by BNSF last year. But when the train came off the rails in March, Galena firefighters were still waiting for a slot at the Pueblo, Colorado facility.
“It was a bit cart-before-the-horse,” said Galena volunteer fire chief Randy Beadle. “It just happened that we had an incident before we could get the guys out there” to Pueblo, he said.
It is unclear what exactly the Galena firefighters might have done differently given proper training and greater resources, but other firefighters who have received extensive training say it is vital to countering an oil train blaze safely.
In Casselton, North Dakota, the fire department has been “bombarded” with training after an oil train collided with a derailed soybean train in December 2013, setting 21 oil cars ablaze and causing a fireball whose heat was felt from over a quarter of a mile away, said Casselton’s volunteer fire chief, Tim McLean.
Before that accident, McLean and his 28-strong fire team “had no idea oil trains were that explosive,” said McLean, a corn and soy farmer. Since then, eight firefighters from the department have been to the Pueblo site for intensive training and more will attend this year.
In Pembroke, Virginia, where CSX rerouted some crude oil trains last month after a derailment damaged its track in West Virginia, the volunteer department has had no specific oil training, said fire department president Jerry Gautier.
“We have reached thousands of people for hydrogen and ethanol training, but the oil program is in its infancy,” said Rick Edinger, a member of the hazardous material committee at the International Fire Chiefs Association. “It could take a couple of years to roll out.”
Meanwhile, oil train accidents remain at the front of people’s minds in Galena, especially for Pedersen, the emergency manager in Jo Daviess county, one of the busiest areas in Illinois for oil trains.
“Every time I hear a train go by now, I think a little differently about it,” he said.
Top 10 Questions About Oil Trains: Industry Lobbies for Weak Rules While Derailment Fire Rages
By Todd Paglia, ForestEthics, 03/19/2015 1:59 pm EDT
DERAILMENT Marvin Beatty via Getty Images
On Friday, March 6, while an oil train explosion in Illinois was still sending flames and black smoke into the air, railroad agents were in Washington, DC lobbying to weaken new train safety standards. Safer brakes are “extremely costly…” they told White House officials, and explained in great detail why speed limits are impractical. Like the auto industry resisting seatbelts, the rail industry is on the wrong track when it comes to safety.
In the last month, there have been six derailments of crude oil trains in the U.S. and Canada — three of them ignited, sending flames and mushroom clouds hundreds of feet into the air. Luckily, these were in relatively remote locations and no one was killed.
These disasters are not an aberration — oil train traffic is skyrocketing, which means more derailments and more explosions. The oil and rail industries hope to increase further the amount of crude oil barreling down the tracks in the coming years. Before that happens, ForestEthics has some questions we’d like to see the Obama administration ask the army of lobbyists who are trying to push the bar on safety even lower than it already is:
When did trains start exploding?
Rail transportation of crude oil is growing rapidly and dangerously — from fewer than 10,000 carloads in 2008 to nearly half a million in 2014 — for two reasons: Bakken oil from North Dakota and Canadian tar sands. The North American boom means oil companies are trying to tails and mine more of this extreme oil, crude that is high in carbon, difficult and expensive to produce, and dangerous to transport.
Are cities and towns with rail lines safe?
With the exception of Capitol Hill (the rail industry seems to be sparing Washington, DC) most routing is done specifically throughout cities and towns. No, the oil and rail industries are probably not purposely targeting us, it’s just that the rails in populated places tend to be better maintained and rated for heavier cargoes. The sane thing to do would be to stop hauling crude oil if it can’t be transported safely. A far distant next best is to make these trains as safe as possible and require rerouting around cities and water supplies.
What is the government doing?
Not nearly enough. While 100-plus car trains full of an explosive crude roll through our towns, the U.S. government is barely moving, bogged down by nearly 100 of Washington’s most expensive K-Street lobbyists. In fall 2014, ForestEthics, Earthjustice, and the Sierra Club sued the Department of Transportation to speed up new safety standards on oil trains. We called the trains an imminent danger to public safety. The federal government responded by once again delaying their decision on new rules that have been in the works for years.
What is the slowest speed at which an oil explosion could happen?
An oil tank car can catch fire and explode in an accident at zero miles per hour. Assuming a slightly raised rail bed, an oil car that tips over while standing still (this can and has happened on poorly maintained rails) will strike the ground going approximately 16 miles per hour — more than fast enough to breach the tank, spark, and ignite if it hits a rock, a curb, any hard protrusion.
Do firefighters know when and where oil trains are moving?
First responders do not know when, where, how much oil, and what kind is coming through their town. The US Department of Transportation ordered that railroads and oil companies make this information public. But only for trains carrying more than a million gallons of Bakken crude, and even this information is not being made public on a consistent basis.
How do you extinguish oil train fire?
You don’t put out an oil train fire; nobody does. Oil fires require specialized foam, which fire departments do not have in nearly sufficient supply to fight the fire from even a single 30,000 gallon tank car. All firefighters can do is evacuate those in danger, move outside the one mile blast zone and let the fire burn out, which can take days. In Illinois, firefighters unloaded their equipment to fight an oil train fire, realized the danger and left behind $10,000 in equipment getting out of harm’s way. You can prevent these fires by banning oil trains — but you can’t fight these fires once they happen.
The older oil cars are definitely unsafe, what about the newer ones?
The antiquated DOT-111 tank cars make up 80 percent of the fleet in the U.S. — U.S. rail safety officials first called them “inadequate” to haul crude oil more than 20 years ago. The jury is now in on the newer CPC-1232 tank cars and they are not much safer. The derailments and explosions in West Virginia and Illinois were 1232s traveling at or below the speed limit. In fact, the former head of the federal rail safety agency said in a radio interview that the recent derailments and fires were “the last nail in the coffin” for the CPC-1232 as an alternative to DOT-111 for oil transport.
We know that Bakken crude explodes; does tar sands explode?
Ordinarily it might not, but to move tar sands by rail (or pipeline for that matter) you have to mix in highly flammable, toxic diluents (light petroleum products like propane.) So if it’s on a train or in a pipeline the flashpoint for tar sands crude is lower than for Bakken oil. The oil train explosion on February 16, 2015 in Ontario, Canada occurred in -40 degrees F weather — proving that this stuff can ignite even in arctic cold. So not only is tar sands the dirtiest oil on Earth, but also it may well be the most dangerous too.
Do I live in the Blast Zone?
ForestEthics used oil rail routes from industry, Google maps, and census data to calculate that 25 million Americans live in the oil train blast zone — the dangerous evacuation zone in the case of an oil train derailment and fire. You can use the map to see if your home, office, school, or favorite natural area, landmark or sports stadium is in danger. Visit www.blast-zone.org.
What’s the solution?
The solution is to ban oil trains. If you can’t do something safely, you shouldn’t do it at all. This cargo is too dangerous to our families, our cities, our drinking water, our wildlife and our climate. The extreme crude carried on trains is only a tiny fraction of the oil we use each day as a nation. So while we transition our economy to clean energy and get beyond all oil, we should leave this extreme oil from Alberta and North Dakota in the ground.
