New rules for rail tankers face years of debate, delay
By Curtis Tate, McClatchy Newspapers, May 2, 2015
The U.S. and Canadian governments have unveiled a long-awaited new standard for the tank cars used to transport crude oil and ethanol that includes numerous safety improvements.
But it is far from the final word on efforts to reduce the risk of catastrophic derailments, such as the one that killed 47 people in Lac-Megantic, Quebec, nearly two years ago. And industry and environmental groups are bracing for a court fight over portions of the regulations announced Friday that they don’t like.
Most of the current tank car fleet that doesn’t meet the new requirements will be allowed to carry ethanol and some types of crude oil for eight more years. Environmental groups and some lawmakers objected Friday to the extended timeline.
It will be two years before the Energy and Transportation departments complete a study on the properties of crude oil and how they affect the way it reacts in derailments. While the rail industry supports the new tank car standard, it opposes the requirement for an electronic braking system on certain trains.
The regulation also expands the amount of information about rail shipments of flammable liquids that will be available to emergency responders, but incorporates it into an existing regulation that would exempt it from public disclosure.
In Washington on Friday, Transportation Secretary Anthony Foxx and his Canadian counterpart, Minister of Transport Lisa Raitt, rolled out the new regulations, which are generally in sync on both sides of the border, given the seamless nature of the North American rail system.
“Tank cars cross the border every day,” Raitt said in a news conference with Foxx, “so it’s important that the regulations apply equally in both countries.”
The new tank car, called the DOT-117, will have features that are designed to prevent it from puncturing in a derailment and to better withstand prolonged exposure to fire.
The regulation requires that beginning Oct. 1 new tank cars built to transport flammable liquids have thicker shells, full-height shields on each end of the cars and a layer of thermal insulation on the outside. The new standard also requires more protection for valves and outlets.
The railroad industry supports the new tank car design but opposes the requirement that certain types of trains be equipped with electronically controlled brakes by January 2021.
Since the late 19th century, trains have operated with mechanical air brakes. The Federal Railroad Administration has said that electronic brakes would enable trains to stop more quickly and could prevent the accordion-shaped pileups characteristic of recent oil train accidents.
In a phone call with reporters Friday, Ed Hamberger, the president and CEO of the Association of American Railroads, a leading industry group, criticized the braking requirement, saying it wouldn’t prevent accidents.
The industry could avoid the requirement by operating the trains it applies to at 30 mph or limiting them to 69 cars. Either way, Hamberger said, it would be costly and disruptive.
The industry is taking a look at its options to challenge the requirement, Hamberger said
Foxx said the electronic braking was reliable technology and that he hoped the railroads would accept it. He was also confident that the regulation would withstand a court challenge.
The rule might also face a challenge from environmentalists, who object to the retrofitting timeline. There have been four major oil train derailments since the beginning of the year, and environmental groups fear there might be more before the new requirements kick in.
By Jad Mouawad, May 1, 2015
An oil train rolls through Surrey, N.D., in the Bakken region, where oil production has grown at a spectacular rate in recent years. Credit Jim Wilson/The New York Times
Ending months of uncertainty and delays, federal regulators on Friday unveiled new rules for transporting crude oil by trains, saying the measures would improve rail safety and reduce the risks of a catastrophic event.
But the rules quickly came under criticism from many sides. Lawmakers and safety advocates said the regulations did not go far enough in protecting the public, while industry representatives said some provisions would be costly and yield few safety benefits.
More than two years in the making, the rules followed a spate of derailments, explosions and oil spills around the country that highlighted the hazards of shipping large quantities of potentially explosive material on rails. The regulations introduce a new tank car standard for oil and ethanol with better protections, and mandate the use of electronically controlled brakes.
Facing growing pressure from members of Congress as well as local and state officials, the Department of Transportation has taken repeated steps in the last two years to tackle the safety of oil trains and reassure the public. Last month, for example, it set lower speed limits for oil trains going through urban areas.
Under the new rules, the oldest, least safe tank cars would be replaced within three years with new cars that have thicker shells, higher safety shields and better fire protection. A later generation of tank cars, built since 2011 with more safety features, will have to be retrofitted or replaced by 2020.
Oil trains — with as many as 120 cars — have become common sights in cities like Philadelphia, Albany and Chicago as they make the slow journey from the Bakken region of North Dakota, where oil production has surged in recent years.
Local and state officials have complained that rail-friendly rules make it difficult to predict when trains will pass through.
But regulators retreated from a provision that would have forced railroads to notify communities of any oil train traffic. Instead, railroads will need to have only a “point of contact” for information related to the routing of hazardous materials.
Several members of Congress, particularly those representing states like Washington, Oregon, North Dakota and New York that have seen a surge in train traffic, said the rules did not go far enough and signaled that legislation might be needed.
Senators Ron Wyden and Jeff Merkley of Oregon said they were disappointed that transportation officials had not expanded public information about oil train routes.
“Instead of providing first responders more details about oil shipments, railroads will simply be required to give our firefighters a phone number,” they said.
Railroads said they welcomed the new regulations but objected to a provision that would require tank cars to have electronically controlled pneumatic brakes by 2021. The Department of Transportation said the new brakes, known as E.C.P., are more effective than air brakes or dynamic brakes that are currently being used.
“The D.O.T. couldn’t make a safety case for E.C.P. but forged ahead anyway,” Edward R. Hamberger, the president and chief executive of the Association of American Railroads, said in a statement. “I have a hard time believing the determination to impose E.C.P. brakes is anything but a rash rush to judgment.”
The railroad association has estimated in comments filed to the Transportation Department last year that installing the new brakes would cost $9,665 per tank car. The Railway Supply Institute, which represents tank car makers, also pushed against the use of those brakes, saying their effectiveness was not proved and would not provide a significant safety advantage.
Transportation officials said the new type of brakes was already in use by some railroads for other types of commodities. Their use would decrease the chances of a catastrophic pileup, reduce the number of punctured cars in an accident, or allow train operators to stop faster if there was an obstacle on the tracks.
Sarah Feinberg, the acting administrator of the Federal Railroad Administration, said: “The mission of the F.R.A. is safety and not focusing on what is convenient or inexpensive or provides the most cost savings for the rail industry. When I focus on safety, I land on E.C.P. It’s a very black-and-white issue for me.”
There have been five explosions and spills this year alone, four in the United States and one in Canada. In July 2013, 47 people died in Canada after a runaway train derailed and exploded in the city of Lac-Mégantic, Quebec.
“I am hopeful the rail industry will accept this rule, and will follow this rule,” Anthony Foxx, the transportation secretary, said at a news conference in Washington. He appeared with Canada’s transport minister, Lisa Raitt, who said Canadian and American regulations would be aligned.
A central question before the administration was to determine what level of protection the new generation of cars should have and how quickly to roll them out.
The new rules create a new standard, “high-hazard flammable trains,” defined as “a continuous block of 20 or more tank cars loaded with flammable liquid or 35 or more tank cars loaded with a flammable liquid dispersed through a train.”
By 2018, the rule would phase out older tank cars, DOT-111s, long known to be ill suited for transporting flammable material. A newer generation of cars, known as CPC-1232, would have to be retired or refitted to meet the new standard, DOT-117, by 2020.
All cars built under the DOT-117 standard after Oct. 1, 2015, will have a thicker nine-sixteenths-inch tank shell, a one-half-inch shield running the full height of the front and back of a tank car, thermal protection and improved pressure-relief valves and bottom outlet valves.
Senator Charles E. Schumer, Democrat of New York, said Friday’s announcement gave railroads too much time to remove older cars from service. Mr. Schumer was one of seven senators who unveiled a bill that would seek to impose a fee of $175 per shipment on older cars to speed up their removal from service.
“The good news is that the standards are predictable, but the bad news is that the phaseout time is too lenient,” Mr. Schumer said.
Senator Marie Cantwell, Democrat of Washington, was more forceful, saying that the new regulations also failed to reduce the volatility of Bakken crude, which is more likely to catch fire and explode than other forms of crude.
“It does nothing to address explosive volatility, very little to reduce the threat of rail car punctures, and is too slow on the removal of the most dangerous cars,” she said. “It’s more of a status quo rule.”
Oil companies, though, said the mandate to build new tank cars to replace older models starting in 2018 would stretch the industry’s manufacturing ability and lead to shortages.
Placing blame on the railroads, Jack Gerard, the chief executive of the American Petroleum Institute, said regulators should focus instead on preventing derailments and enhancing track inspection and maintenance.
The spectacular growth of oil production from the Bakken region, negligible only a few years ago and now exceeding a million barrels a day, has transformed the domestic energy industry. It has placed the United States back on a path to oil self-sufficiency, and profoundly disrupted international energy markets.
Repost from ABC News [Editor: It’s good to find a compilation of these catastrophic oil train accidents all in one place. See also a listing on SafeBenicia.org, somewhat out of date but with more detail and photos. – RS]
Recent Oil Train Crashes in the US and Canada
By The Associated Press, May 1, 2015, 3:28 PM ET
Sweeping regulations to boost the safety of trains transporting crude oil, ethanol and other flammable liquids were announced Friday by U.S. and Canadian officials. The long-awaited regulations are a response to a series of oil train accidents in both countries over the last few years that have resulted in spectacular fires that burned for days.
Here are some of those accidents:
— July 5, 2013: A runaway Montreal, Maine & Atlantic Railway train that had been left unattended derailed, spilling oil and catching fire inside the town of Lac-Megantic in Quebec. Forty-seven people were killed and 30 buildings burned in the town’s center. About 1.6 million gallons of oil was spilled. The oil was being transported from the Bakken region of North Dakota, the heart of an oil fracking boom, to a refinery in Canada.
— Nov. 8, 2013: An oil train from North Dakota derailed and exploded near Aliceville, Alabama. There were no deaths but an estimated 749,000 gallons of oil spilled from 26 tanker cars.
— Dec. 30, 2013: A fire engulfed tank cars loaded with oil on a Burlington Northern-Santa Fe train after a collision about a mile from Casselton, North Dakota. No one was injured, but more than 2,000 residents were evacuated as emergency responders struggled with the intense fire.
— Jan. 7, 2014: A 122-car Canadian National Railway train derailed in New Brunswick, Canada. Three cars containing propane and one car transporting crude oil from Western Canada exploded after the derailment, creating intense fires that burned for days. About 150 residents of nearby Plaster Rock were evacuated.
— Jan. 20, 2014: Seven CSX train cars, six of them containing oil from the Bakken region, derailed on a bridge over the Schuylkill River in Philadelphia. The bridge is near the University of Pennsylvania, a highway and three hospitals. No oil was spilled and no one was injured. The train from Chicago was more than 100 cars long.
— April 30, 2014: Fifteen cars of a crude oil train derail in Lynchburg, Virginia, near a railside eatery and a pedestrian waterfront, sending flames and black plumes of smoke into the air. Nearly 30,000 gallons of oil were spilled into the James River.
— Feb. 14, 2015: A 100-car Canadian National Railway train hauling crude oil and petroleum distillates derailed in a remote part of Ontario, Canada. The blaze it ignited burned for days.
— Feb. 16, 2015: A 109-car CSX oil train derailed and caught fire near Mount Carbon, West Virginia, leaking oil into a Kanawha River tributary and burning a house to its foundation. The blaze burned for most of week.
— March 10, 2015: 21 cars of a 105-car Burlington Northern-Santa Fe train hauling oil from the Bakken region of North Dakota derailed about 3 miles outside Galena, Illinois, a town of about 3,000 in the state’s northwest corner.
— March 7, 2015: A 94-car Canadian National Railway crude oil train derailed about 3 miles outside the Northern Ontario town of Gogama. The resulting fire destroyed a bridge. The accident was only 23 miles from the Feb. 14th derailment.
An oil train in Everett, Wash. There have been five explosions and spills involving oil trains this year, four in the United States and one in Canada. Credit Elaine Thompson/Associated Press
Ending months of delays and uncertainty, federal regulators on Friday disclosed new rules for safer transportation of crude oil by trains, introducing a new tank car standard and mandating the use of new braking technology.
The regulations, more than two years in the making, followed a spate of derailments, oil spills and fiery explosions involving oil trains around the country that have highlighted the risks involved in shipping large quantities of explosive material on rails through cities.
The rules state that the oldest, least safe tank cars should be replaced within three years with new cars that have thicker shells, higher safety shields and better fire protection. A later generation of tank cars, built since 2011 with more safety features, will have to be retrofitted or replaced by 2020.
It is the second time in weeks that the Department of Transportation has announced new rules for rail shipments to instill public confidence. Last month, it set lower speed limits for oil trains going through urban areas.
There have been five explosions and spills this year alone, four in the United States and one in Canada. In July 2013, 47 people died in Canada after a runway train derailed and exploded in the city of Lac-Mégantic, Quebec.
“I am hopeful the rail industry will accept this rule, and will follow this rule,” Transportation Secretary Anthony Foxx said at a news conference in Washington. He appeared with Canada’s transport minister, Lisa Raitt, who said Canadian and American regulation would be aligned.
There has been growing pressure from local governments, members of Congress, safety experts and environmental advocates for federal action. The question before the administration was to determine what level of protection the new generation of cars should have and how quickly to roll them out.
The new rules create a new standard, “high-hazard flammable trains,” defined as “a continuous block of 20 or more tank cars loaded with flammable liquid or 35 or more tank cars loaded with a flammable liquid dispersed through a train.”
By 2018, the rule would phase out older tank cars, DOT-111s, long known to be ill suited for transporting flammable material. A newer generation of cars, known as CPC-1232, would have to be retired or refitted to meet the new standard, DOT-117, by 2020.
All cars built under the DOT-117 standard after Oct. 1, 2015, will have a thicker nine-sixteenths-inch tank shell, a one-half-inch shield running the full height of the front and back of a tank car, thermal protection and improved pressure-relief valves and bottom outlet valves.
Regulators retreated from a provision that would have forced railroads to notify communities of any oil train traffic. Instead, railroads will be required to have a “point of contact” for information related to the routing of hazardous materials.
Some critics asserted after Friday’s announcement that the regulations would do little to prevent another spill or explosion while older cars remained in operation.
On Thursday, seven senators, including Charles E. Schumer, Democrat of New York, unveiled a bill that would seek to impose a $175 per shipment fee on older cars to speed up their removal from service.
Senator Schumer said Friday’s announcement gave railroads too much time to remove older cars from service.
“The good news is that the standards are predictable, but the bad news is that the phaseout time is too lenient,” he said. “Our railroads are changing, and are getting much busier because of all this oil business, and they will have to adapt. They can’t do it the old way.”
The Association of American Railroads said it backed the new tank car requirements but objected to a requirement that railroads should adopt new electronically controlled pneumatic brakes, or E.C.P., starting in 2021 for oil trains.
“The D.O.T. couldn’t make a safety case for E.C.P. but forged ahead anyway,” Edward R. Hamberger, the president and chief executive of the Association of American Railroads, said in a statement. “I have a hard time believing the determination to impose E.C.P. brakes is anything but a rash rush to judgment.”
