Feds won’t weaken oil-train public disclosure rules
By Paul Nussbaum, Inquirer Staff Writer, May 29, 2015, 5:20 PM
An oil train passes through Philadelphia on April 15, 2015. (Jon Snyder/Daily News)
Responding to Congressional and public criticism, federal regulators said Friday they will not weaken rules requiring certain disclosures about trains transporting crude oil and other hazardous materials.
The Inquirer reported this week that new oil-train rules issued May 7 by the U.S. Department of Transportation would end a 2014 requirement for railroads to share information about large volumes of crude oil with state emergency-response commissions.
Instead, railroads were to share information directly with some emergency responders, but the information would be exempt from the Freedom of Information Act and state public records laws.
“Under this approach,” the new rule said, “the transportation of crude oil by rail . . . can avoid the negative security and business implications of widespread public disclosure of routing and volume data…”
But the federal Pipeline and Hazardous Materials Safety Administration, an arm of the transportation department, said Friday it will not make the change.
Instead, the existing rule “will remain in full force and effect until further notice while the agency considers options for codifying the May 2014 disclosure requirement on a permanent basis,” the agency said.
Saying that “transparency is a critical piece of the federal government’s comprehensive approach to safety,” the agency said it supports “the public disclosure of this information to the extent allowed by applicable state, local, and tribal laws.”
U.S. Sen. Robert Casey (D., Pa.) was one of nine senators who asked the agency to keep the existing rule in place.
Casey said Friday he was “pleased” by the agency’s decision.
“First responders who risk their lives when trains derail deserve to know what chemicals they could be dealing with when they get to the scene,” Casey said in a statement.
The disclosure rules about train routes and general numbers of trains apply to all trains carrying 1 million gallons or more of crude oil from the Baaken oil deposit in North Dakota.
Repost from Chico News & Review [Editor: This article is well-written and documents gutsy analyses by a regional firefighter and County officials who understand that local safety is at the mercy of federal regulators. Three years of Russian roulette – and more. A “must read.” – RS]
Russian roulette on the railways
Butte County train tracks are Bakken-free for now, but emergency responders fear a return of the volatile fuel
By Evan Tuchinsky, 05.21.15
Cal Fire Battalion Chief Russ Fowler says the Department of Transportation’s new rules regarding traincar safety are insufficient. PHOTO COURTESY OF CAL FIRE
What is ‘Bakken’?
The light crude oil known as Bakken comes from fracking a geologic formation of that name under North Dakota, Montana and Canada. Less dense and with less carbon, light crudes yield more gasoline than heavier crudes, but also are more volatile.
Trains crash. That fact hit home last week when a passenger train derailed in Philadelphia and also last year, on Nov. 26, when a cargo train derailed in the Feather River Canyon.
The risk of devastation multiplies when the derailed train carries volatile crude oil. A recent spate of those accidents has garnered national attention, too, prompting the U.S. Department of Transportation (DoT) to release new regulations governing the conveyance of flammable liquids. The measures have drawn near-unanimous opposition, though, and done little to assuage lingering local fears.
“My constituents have raised concerns and the Board [of Supervisors] is concerned,” said Butte County Supervisor Maureen Kirk, who represents Chico. “We’re hoping that some of the legislation and some of the discussion that comes forward will make even stiffer requirements on the transport of this Bakken oil.”
The DoT regulations came out May 1. Five days later, another oil train crashed, in North Dakota. By last Friday (May 15), both the petroleum industry and environmentalists had filed legal challenges to the DoT’s so-called “final rule.”
The International Association of Fire Fighters also has voiced objections. Representing more than 300,000 firefighters in North America, the IAFF protested a provision that allows railroads to keep the contents of their trains confidential—under the banner of national security.
Russ Fowler, battalion chief with Cal Fire Butte County and coordinator of the local Interagency Hazardous Materials Team, has additional concerns. DoT regulations phase out tank cars that are not up to the current safety standard, rather than pull them off the rails for retrofitting or retirement. Transportation Secretary Anthony Foxx has argued that the alternative would result in increased oil-tanker traffic on highways.
Fowler says one particular railcar commonly used to carry volatile Bakken crude oil, the DOT-111, “just [wasn’t] designed for that product.” Since railroads have until 2018 to get those cars up to standard, “we have three years of potential Russian roulette on our hands if light crude oil is transported down the Feather River Canyon like it was done last fall.”
Cal Fire has communicated with BNSF Railway, Fowler said, and has been told no crude oil deliveries have come through Butte County this year. “I have no reason not to believe them,” he added, though he’s seen DOT-111s riding on Chico tracks.
Lena Kent, BNSF’s spokeswoman for California, confirmed by email that “we are not currently transporting Bakken crude in your county.” She also wrote: “We do provide information to the Office of Emergency Services in California.”
That’s in contrast with last year, when train cars carrying millions of gallons of the explosive oil, reportedly around one shipment per week, did make their way way along the Feather River Canyon. Experts tie the reduction of imports to a reduced demand for the fuel, a lighter type that’s similar to gasoline and thus extremely volatile.
While Cal Fire dreads the prospect of an urban crash, the Feather River Canyon presents a distinct set of frets.
Train tracks head into remote areas that are difficult for emergency responders to reach. Access roads don’t always run adjacent to the rail route—not even parallel in certain spots. Depending on where a crash occurred, spilled oil could contaminate the Feather River and Lake Oroville—a major source of water for California—or could start a forest fire should it ignite.
Even without a blaze or river release, “it would make an ugly, oily mess in the canyon,” Fowler said. “It would be a terrible environmental disaster.”
Butte County supervisors articulated such concerns to the California Public Utility Commission and the Governor’s Office of Emergency Services, before the DoT released its regulations. OES responded by saying the state is investing in “purchasing new Type II hazardous material emergency response units” and in “local training specific to … rail safety incidents.”
For Supervisor Doug Teeter, the board chair who represents the Ridge, that’s little assurance. He has a powerless feeling—believing “it’s just a matter of time” before an accident happens locally, yet knowing “as a county we have no control” over the rails.
“We’re at the mercy of the federal regulators,” he continued. “All we’re really getting is a little response on improved training and equipment. That is not nearly enough to handle a 100-car spill.”
Either in populated or unpopulated areas.
“We as a hazmat team plan for worst-case scenarios,” Fowler said. “Just because you plan for a worst-case scenario doesn’t mean you can mitigate the worst-case scenario, because there are things that can happen that are so catastrophic that it would overwhelm local resources until more regional or statewide resources could come in to help.”
Should legal challenges fail, and in the absence of local authority, a remedy to the DoT regulations remains: Congress. Teeter recently met with a representative of Sen. Barbara Boxer. Meanwhile, North State Congressman John Garamendi has introduced legislation to make light crude safer for rail transport.
Teeter encourages constituents to write congressional representatives and senators. He finds encouragement even in the controversial DoT regulations, which arose amid an uproar.
“Maybe now we’ll have a voice,” Teeter said. “Maybe something can happen.”
Riverkeeper sues U.S. DOT over oil train safety rules
By Brian Nearing, May 18, 2015
The Hudson River environmental advocacy group Riverkeeper is challenging new U.S. Department of Transportation crude-by-rail standards in federal court, saying that they fail to protect the public and the environment from proven threats, according to a statement issued Monday.
The release states: Riverkeeper filed its lawsuit in the 2nd Circuit Court of Appeals in New York City on May 15, a little more than a week after the DOT issued a final tank car and railroad operation rule which had been the subject of scrutiny and controversy since its proposal in 2014. The suit closely follows another filed in the 9th Circuit Court of Appeals by a coalition of conservation and citizen groups that includes Earthjustice, Waterkeeper Alliance, ForestEthics and the Sierra Club.
The Hudson River and the Greater New York/New Jersey region, a thoroughfare for up to 25 percent of all crude shipments originating in the Bakken shale oil region, faces a daily risk of spills and explosions that could devastate communities, local economies, drinking water security, and the environment.
“These seriously flawed standards all but guarantee that there will be more explosive derailments, leaving people and the environment at grave risk,” Riverkeeper President Paul Gallay said. “The shortcomings are numerous, including an inadequate speed limit, unprotective tank car design, and time line that would allow these dangerous tank cars 10 more years on the rails. The DOT completely fails to recognize that we’re in the middle of a crisis – we don’t need bureaucratic half measures that are years away from implementation, we need common-sense protections today.”
Just this month, tank cars laden with crude oil derailed and exploded in Heimdal, North Dakota. Under the new DOT standards, the same type of cars that exploded in that disaster could stay in service hauling volatile crude oil for another five to eight years, or even indefinitely if they are used for tar sands.
Over the past several years, a series of fiery derailments, toxic spills, and explosions involving volatile crude and ethanol rail transport has caused billions in damages across North America. Crude-by-rail accidents threaten irreversible damage to waterways, many of which, like the Hudson River, serve as the source of drinking water for tens of thousands of people. This year alone,six oil-by-rail shipments have caught fire and exploded in North America. In July 2013, a derailment in Lac-Mégantic, Quebec, killed 47 people. The total liabilities for that rail disaster could easily reach $2.7 billion over the next decade.
Here are some of the ways the new safety standards fail to protect people and the environment:
• Hazardous cars carrying volatile crude oil can remain in service for up to 10 years.
• The rule rolls back public notification requirements, leaving communities and first responders in the dark about explosive crude oil tank cars rumbling through their towns.
• While new tank cars will require thicker shells to mitigate punctures and leaks, retrofit tank cars will be allowed to stay in use with a less protective design standard.
• Speed limits have been restricted only for “high threat urban areas,” but only two areas in New York have received that designation, Buffalo and New York City.
• The “high threat” category relates to cities seen as vulnerable to terrorist attacks by the Department of Homeland Security. It is unrelated to actual risks posed by crude-by-rail.
Groups Sue Obama Administration Over Weak Tank Car Standards
The new safety standards issued by the Department of Transportation take too long to get dangerous tank cars off the tracks and contain loopholes that leave too many vulnerable
May 14, 2015, Eddie Scher, ForestEthics, (415) 815-7027, eddie@forestethics.org
San Francisco – In the wake of a spate of fiery derailments and toxic spills involving trains hauling volatile crude oil, a coalition of conservation organizations and citizen groups are challenging the U.S. Department of Transportation’s (DOT) weak safety standards for oil trains. Less than a week after the DOT released its final tank car safety rule on May 1, a train carrying crude oil exploded outside of Heimdal, North Dakota. Under the current standards, the tank cars involved in the accident would not be retired from crude oil shipping or retrofitted for another 5 to 8 years.
Earthjustice has filed suit in the 9th Circuit challenging the rule on behalf of ForestEthics, Sierra Club, Waterkeeper Alliance, Washington Environmental Council, Friends of the Columbia Gorge, Spokane Riverkeeper, and the Center for Biological Diversity.
“The Department of Transportation’s weak oil train standard just blew up in its face on the plains of North Dakota last week,” said Patti Goldman, Earthjustice attorney. “Pleas from the public, reinforced by the National Transportation Safety Board, to stop hauling explosive crude in these tank cars have fallen on deaf ears, leaving people across the country vulnerable to catastrophic accidents.”
Rather than immediately banning the most dangerous tank cars — DOT-111s and CPC-1232s — that are now used every day to transport volatile Bakken and tar sands crude oil, the new standards call for a 10-year phase out. Even then the standard will allow smaller trains — up to 35 loaded tank cars in a train — to continue to use the unsafe tank cars.
The new rule fails to protect people and communities in several major ways:
• The rule leaves hazardous cars carrying volatile crude oil on the tracks for up to 10 years.
• The rule has gutted public notification requirements, leaving communities and emergency responders in the dark about the oil trains and explosive crude oil rumbling through their towns and cities.
• New cars will require thicker shells to reduce punctures and leaks, but retrofit cars are subject to a less protective standard.
• The standard doesn’t impose adequate speed limits to ensure that oil trains run at safe speeds. Speed limits have been set for “high threat urban areas,” but very few cities have received that designation.
“Explosive oil trains present real and imminent danger, and protecting the public and waterways requires an aggressive regulatory response,” said Marc Yaggi, Executive Director of Waterkeeper Alliance. “Instead, the Department of Transportation has finalized an inadequate rule that clearly was influenced by industry and will not prevent more explosions and fires in our communities. We hope our challenge will result in a rule that puts the safety of people and their waterways first.”
“We’re suing the administration because these rules won’t protect the 25 million Americans living in the oil train blast zone,” says Todd Paglia, ForestEthics Executive Director. “Let’s start with common sense – speed limits that are good for some cities are good for all communities, 10 years is too long to wait for improved tank cars, and emergency responders need to know where and when these dangerous trains are running by our homes and schools.”
The National Transportation Safety Board has repeatedly found that the DOT-111 tank cars are prone to puncture on impact, spilling oil and often triggering destructive fires and explosions. The Safety Board has made official recommendations to stop shipping crude oil in these hazardous tank cars, but the federal regulators have not heeded these pleas. Recent derailments and explosions have made clear that newer tank cars, known as CPC-1232s, are not significantly safer, and the Safety Board has called for a ban on shipping hazardous fuels in these cars as well.
The recent surge in U.S. and Canadian oil production, much of it from Bakken shale and Alberta tar sands, led to a more than 4,000 percent increase in crude oil shipped by rail from 2008 to 2013, primarily in trains with 100 to 120 oil cars that can be over 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 in 2013 than in the 38 years from 1975 to 2012 combined.
ForestEthics calculates that 25 million Americans live in the dangerous blast zone along the nation’s rail lines.
