Tag Archives: National Transportation Safety Board (NTSB)

Blast zone, Bomb Trains, Common Carrier Obligation, Crude By Rail, Derailment, DOT-111, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), Lac-Mégantic, Stop Oil Trains Week of Action #StopOilTrains

The Bomb Train Next Door: Part II

Repost from Nyack News & Views
[Editor:  An excellent guide for those living in or near a bomb train blast zone.  See also The Bomb Train Next Door, Part I, with helpful bullet-points summarizing five primary crude-by-rail issues.  – RS]

The Bomb Train Next Door: Part II

By Susan Hellauer, July 6, 2015

Just before last week’s Independence Day holiday weekend, more than 5,000 residents living near Maryville, TN were evacuated after a CSX tanker car derailed and caught fire on July 2. The tanker car was carrying Acrylonitrile, a highly flammable and toxic gas which can cause membrane irritation, headaches, nausea and kidney irritation if inhaled in high concentrations. Ten officers and 30 first responders were hospitalized with inhalation injuries following the incident, where authorities established a two mile evacuation zone near the derailment site.

The July 2013 explosion of a Bakken crude train at Lac-Megantic, Quebec that resulted in 47 fatalities got the immediate attention of first responders, lawmakers and local officials wherever freight lines carry crude oil “bomb trains.” Environmental watchdog groups have publicized the danger of crude by rail and have also taken legal action in an attempt to halt or change practices they deem unsafe.

Want to make your own voice heard?

If you are concerned about the hazards of crude by rail in Rockland County, let your village, town and county officials know how you feel. Write or call your representatives in Albany and Washington. Write a letter to the editor.

You can also stay in touch with groups like the Sierra Club, Riverkeeper, Scenic Hudson and Forest Ethics. You can subscribe to the DOT-111 reader, a private website that tracks media reports about accidents and regulation changes involving rail tanker cars.

The people at the FRA, the NTSB and PHMSA are tasked with protecting us all from transport and materials hazards. Visit their websites, write or call them. They work for you.

Just say no?

Local officials are limited in what they can do to stop hazardous cargo like crude oil from being transported through their communities. There is a Common Carrier Obligation of railroads to transport hazardous materials. As long as those materials comply with government standards, railroads can’t pick and choose what to carry or where to carry it. Federal law stands between local governments and the rail operators in the interest of interstate commerce.

Federal agencies

In addition to issuing  and enforcing safety regulations, the U.S. Department of Transportation’s Federal Railroad Administration (FRA) does research on behalf of the railroad industry. In May 2015 it issued new guidelines for the gradual replacement of the outdated DOT-111 tanker car and set mandatory speed limits for oil tanker trains. Oil companies are threatening legal action against these new rules.

Another USDOT agency, The National Transportation Safety Board (NTSB), has an interest in freight train safety. The NTSB analyzes mishaps, finds transportation hazards and recommends solutions. Rail tanker safety is high on its list of “most wanted” improvements, and it’s pushing for more immediate remedies than the FRA has specified. The USDOT Pipeline and Hazardous Materials Administration(PHMSA) is also actively monitoring oil train safety, with a mission to “protect people and the environment from the risks of hazardous materials transportation.” It tracks HAZMAT accidents and recommends regulatory changes.

New York State

Oil train traffic in New York State has increased dramatically in the last three years, during which time oil and freight rail companies have spent almost $1 million lobbying in Albany. Meanwhile, NYS Governor Andrew Cuomo has ordered and carried out several inspections of freight rail infrastructure throughout the state and has uncovered numerous hazards. CSX has responded to reports from these inspections with assurances that all will be addressed.

Protect yourself and your family

Know where you are in relation to hazardous freight trains. Study the CSX System Map to know where oil trains run, especially in relation to your home, your kids’ schools, where you work, shop and play. You can also use the Blast Zone Interactive Map from ForestEthics. Trains have derailed, exploded and burned at low speeds and high speeds, in remote areas, and in the middle of a town. There is no discernible pattern to these accidents, according to PHMSA, so don’t assume it won’t happen near you.

ForestEthicsRocklandTrainMap

Sign up your landline or cellphone number for emergency notification through NY-Alert. If you are already signed up, check your information to make sure it is up to date.

In the event of a spill, explosion or fire, officials will use reverse 911 and NY Alerts to let you know whether to evacuate, how far to go, where to shelter, and when you can return. Disabled and senior citizens who might need help in an emergency should register with the Rockland County Access and Functional Needs Registry and with local police, so that first responders are aware.

Clarkstown residents can sign up for the town alert system, Ready Clarkstown, on the town of Clarkstown website.

Congress

Senator Charles Schumer (D-N.Y.) responded quickly to the USDOT’s May 2015 oil train safety plan. He proposed federal legislation to shorten the upgrade schedule and to impose even stricter speed limits on oil trains. In a May 4 press release, Schumer stated that “allowing these outdated oil cars to continue rolling through our communities for another eight years is a reckless gamble we can’t afford to make.”

At a May 6 press conference in West Nyack, Congresswoman Nita Lowey (D-NY representing Rockland County) proposed legislation that would ban interstate shipment of high-volatility crude oil via rail. Citing her many constituents who live near freight lines, she said that her “proposal would immediately ban interstate shipment of the most volatile forms of crude oil so that we can prevent the next tragic crude oil event.” Shipping of Bakken crude that has been processed to reduce its volatility before shipment would still be permitted.

In April, the Rockland County Legislature passed a resolution urging the USDOT to immediately enact rules to reduce the volatility of Bakken crude oil traveling by rail through Rockland County in support of the 2015 “Crude by Rail Safety Act” (H.R. 1804/S. 859).

First Responders

In December 2013, a car carrier and a 99-car oil tanker train collided at the Pineview crossing in West Nyack only 100 feet from the Lake DeForest water main that serves lower Rockland and Bergen County. The incident got the attention of Rockland County Sheriff Louis Falco near whose home the accident occurred. Because the tankers were empty damage was limited, but it served as a wakeup call for the Sheriff’s Department and Rockland Fire and EMS to get real-time hazardous cargo information from CSX to Rockland’s first responders.

CSX and other freight haulers of hazardous materials cite commercial interests and terror concerns for their reluctance to disclose the exact location and contents of trains. Falco says CSX now has a phone app for first responders that provides near-real-time information in the event of disaster.  The issue of transparency and oil trains, however, is far from solved: rail freight companies in several states are being pressed to provide more real-time information, and they are fighting back with lawsuits.

The Rockland County Sheriff’s Department is now also monitoring oil train speed with radar guns. Falco says trains have been staying under the 50 mph limit, but immediate improvements to Rockland’s grade crossings are still needed.

Along with the Sheriff’s Department and the Town Police Departments on the River Line, evacuation and response plans are being developed by the Rockland County Department of Fire and Emergency Services. They run training sessions and drills to keep volunteer first responders prepared in the case of an incident, and also work with CSX on training, communication and response. CSX also positions supplies of fire-suppression foam along the River Line for use in a HAZMAT incident.

CSX will participate in a full scale derailment drill for Police, Fire and EMS in Orangetown that is planned for July 23.

If it happens…

If you are within a half mile of the incident, get yourself and your family away quickly. If in doubt, don’t wait for a call: just go.

The USDOT recommends one-half mile as a safe zone, but you may receive an alert advising otherwise.

Leaving the area quickly also allows emergency responders the time and space to stage and work.

“Time and distance are your friends,” says  Rockland Fire and Emergency Deputy Director Dan Greeley.

Environmental groups

The Hudson Valley Sierra Club, Riverkeeper and Scenic Hudson (among others) have been active and vocal in publicizing the oil train hazard in the Hudson Valley, as well as the dangers of light and heavy crude transport on the Hudson River. These groups are also monitoring a proposed crude oil pipeline (the Pilgrim Pipeline) along the New York State Thruway right of way.

A consortium of environmental groups is sponsoring a Stop Oil Trains Week of Action beginning July 6 (the anniversary of the Lac-Megantic disaster). Demonstrations and other events are planned in areas where oil is shipped by rail, to raise awareness and put pressure on government officials and agencies.

Susan Hellauer is a Bronx native and Nyack resident. She has been a volunteer with Nyack Community Ambulance Corps since 2001, and now serves as board member and Corps secretary. She teaches music and writing at Queens College and is a member of the vocal ensemble Anonymous 4.

See also:

Advanced Civil Speed Enforcement Systems, AMTRAK, Derailment, Insurance and liability, Positive Train Control, Rail Safety, Train speed

Two months since Amtrak 188 derailed, what’s changed and why big problems remain: ‘It’s actually cheaper to kill people’

Repost from BillyPenn.com

NTSB_2015_Philadelphia_train_derailment_3
Philadelphia Amtrak 188 derailment. NTSB

Two months since Amtrak 188 derailed, what’s changed and why big problems remain: ‘It’s actually cheaper to kill people’

By Anna Orso, July 7, 2015, 9:00 am

In the two months since Amtrak 188 derailed in Philadelphia, killing eight people and injuring hundreds, the train giant has said that it’s making a number of changes to ensure better railroad safety. But is it really doing much beyond what it was already supposed to before the crash?

That depends on who you ask. Amtrak says it’s made a number of technological changes in wake of the crash to improve safety features. However, that admission came after the National Transportation Safety Board basically said the crash could have been prevented if Amtrak had it’s stuff together.

The major feature on railroad safety advocates’ list for decades is a way to automatically slow down trains on certain segments of track. Called Positive Train Control technology, federal regulators had mandated that all passenger train companies have it installed by the end of this year. The NTSB said this would have prevented the train, operated by engineer Brandon Bostian, from hitting 106 mph as it flew around a rated-for-50-mph curve in Philly.

Amtrak will be done installing PTC by the end of December, thus making the deadline and becoming the first “Class 1″ railroad company to do so. Spokesman Craig Schulz says the company is in the process of putting in “Advanced Civil Speed Enforcement Systems” to ensure trains are operated at safe speeds along the Northeast Corridor, spending more than $110 million since 2008 to install PTC.

The company also is quick to point out that in the immediate aftermath of the crash, it installed (read: fixed) a “code change point” in the signal system on the eastbound tracks just west of the Frankford Curve, meaning that trains traveling east from Philadelphia to New York approach the curve at 45 mph in accordance with the speed limit there. They’re not so quick to point out that this technology was previously required.

Amtrak, according to Schulz, has also committed to installing inward-facing video cameras in its fleet of ACS-64 locomotives in service on the Northeast Corridor by the end of this year and will comply with additional Federal Railroad Administration regulations released earlier this year. Cameras like this would have shown what, for instance, Bostian was doing as the train hit the curve at nearly double the recommended speed.

But the lawyers circling this case say these actions are a day late and a dollar short.

Bob Pottroff, a Kansas-based attorney who’s a railroad safety expert, is consulting with several of the personal injury lawyers who are representing victims in lawsuits against Amtrak and other parties. A number of those court actions have already been filed, including two of behalf of families whose loved ones were killed in the crash.

It’s expected the lawsuits against Amtrak will be consolidated, and the company will only be liable for a total of $200 million because of a cap put in place by Congress in 1997. This means that no matter how many people are killed or injured in a train crash, Amtrak will never be asked to pay up more than $200 million in total.

Pottroff thinks removing this cap would be the best way to get large railroad companies to stop dragging their feet on installing new and better technologies that he advocates should have been installed years ago.

“If you really want to scare the hell out of the railroad industry, the first thing to do is remove the damage cap,” he said. “They’re saying ‘we’re never going to have to pay more than $200 million,’ so any project that costs more doesn’t make sense.

“The failing state of our railroad infrastructure would probably cost closer to $200 billion to fix. It’s actually cheaper to kill people.”

And for Amtrak, someone has to be concerned about saving money. The transportation giant is staring down potentially massive cuts to its federal funding, after $270 million in cuts were approved by the House along party lines right after the crash. Democrats and safety advocates have rallied against slashing of funding.

Meanwhile, Amtrak is still focused on making train trips — especially along the Northeast Corridor which had 11.6 million riders in fiscal year 2014 — faster. Slowing down trains when they go around curves would counter those goals.

Pottroff said his fear is that Amtrak can make promises in wake of accidents, but he says the FRA hasn’t set up penalties for what could happen if the company doesn’t follow through with regulations in a timely manner. He says there aren’t any checks on the company.

“Nothing really has changed,” he said. “Until the FRA grows some teeth, they’re going to be a mouthpiece. We will go on hiding the ball on the real causes of problems until we have government oversight that is effective.”

Cleanup funding, Crude By Rail, Derailment, DOT-111, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), Fire, Rail inspection, Rail routing, Spill, Train length

Senator: Using bad tank cars? Then pay a fee

Repost from The Columbus Dispatch

Using bad tank cars? Then pay a fee, Brown proposes

By Rick Rouan, June 30, 2015 11:36 PM

Sen. Sherrod Brown wants shippers using tank cars that have been linked to fiery train derailments to pay fees that would be used to reroute train tracks, train first responders and clean up spills.

Brown has proposed fees that start at $175 per car for those using the DOT-11 [sic], a tank car that federal regulators have warned hazardous-material shippers against using.

The fees would pay to clean up hazardous-material spills, to move tracks that handle large volumes of hazardous material and to hire more railroad inspectors. Brown’s bill earmarks about $45 million over three years to train first responders near rail lines that carry large quantities of hazardous material.

Earlier this year, federal regulators tightened rules on newly manufactured tank cars but did not require shippers to immediately remove the old cars.

“(The rule) probably didn’t go far enough,” Brown said on Tuesday at the site of a 2012 derailment and explosion near the state fairgrounds. “If it’s a threat to public safety, they probably need to be off the rails.”

The federal rule will phase out or require retrofitting of thousands of the oldest tank cars that carry crude oil by 2018. Another wave of the oil-carrying tankers would have to change by 2020.

Some of the tank cars that aren’t carrying crude oil would not be replaced or retrofitted until 2025.

Brown’s proposal calls for a tax credit for companies that upgrade their tank cars to the new federal standard in the next three years.

Chet Thompson, president of the American Fuel & Petrochemical Manufacturers trade association, said his organization would oppose the fee structure Brown proposed.

“We think the federal focus should be on the rail carriers and their efforts to improve track integrity,” he said. “We want to see legislation that beefs up track integrity to keep the trains on the track.”

A spokesman for the American Association of Railroads declined to comment on Brown’s proposal. The organization is appealing the new federal standard, arguing that it doesn’t do enough to require shippers to stop using the DOT-111 tank cars and should require more heat protection on the cars, spokesman Ed Greenberg said.

The cars have been involved in several fiery derailments while carrying crude oil from the Bakken shale formation in North Dakota to East Coast refineries. In July 2013, a runaway train killed 47 people and destroyed the business district in Lac-Megantic, Quebec.

And in February, a train carrying volatile Bakken crude derailed in Mount Carbon, W.Va., after it likely traveled through Columbus. The train was run by CSX, which has three tracks that carry crude oil converging in Columbus before they head toward West Virginia.

On July 11, 2012, a Norfolk Southern train slipped the rails just north of Downtown. One of the cars punctured, spilling ethanol and causing an explosion and fire. Two people were injured and about 100 people were evacuated.

The National Transportation Safety Board said a broken track caused the derailment.

“Unfortunately, that was not an isolated incident,” Brown said.

A recent analysis for Franklin County Emergency Management and Homeland Security found that crude oil represents the largest share of hazardous material transported by rail through the region, Director Mike Pannell said.

Earlier this year, the state released reports showing that 45 million to 137 million gallons of Bakken crude travel through the state each week.

Local first responders have procedures in place to handle derailments but not specific plans for every piece of track, including lines that run through residential areas, said Karry Ellis, an assistant chief in the Columbus Fire Division.

Brown’s proposal calls for the U.S. Department of Transportation to study whether first responders are prepared for flammable-liquid spills and whether longer freight trains pose a greater risk.

Information from the Associated Press was included in this story.

Train crew size

Why rail companies are pushing for one-person train crews

Repost from Fortune

Why rail companies are pushing for one-person train crews

By David Z. Morris, June 11, 2015, 8:17 AM EDT
A BNSF Railway train hauls crude oil near Wolf Point, Mont. Photograph by Matthew Brown — AP
As technology advances, train crews shrink. But is safety on the line?

Most freight rail lines still operate with two-person crews, a minimum is now enshrined in labor contracts held by the United Transportation Union and the Brotherhood of Locomotive Engineers and Trainmen. But railways, citing in part the rise of automated safety systems, are pushing to change that.

“Most rail corporations would like to get rid of as many workers as possible,” says Ron Kaminkow, general secretary of Railroad Workers United, a group that opposes smaller crews. “Right now, they believe they can operate trains with a single employee.”

Both sides claim safety is their main priority, but there are clearly other motivations—unions want to preserve jobs, while railways are striving to cut labor costs.

Regulators seem to be siding with labor on the question of staffing. The Office of Management and Budget is currently reviewing a proposed Federal Railroad Administration rule that would require at last two railroad employees on a train at all times.

The move to one-person crews would be the culmination of a long process. Mirroring sectors from manufacturing to stock brokerage, technology has allowed the rail industry to shed jobs even as revenues rise. Since the 1960s, innovations including diesel engines, better radios, and wayside monitoring gear has meant less need for warm bodies. U.S. railway employment declined 3% in 2012, the most recent year for which data is available. Those changes and more, says Kaminkow, led to the standardization of two-man freight train crews in the 1990s.

But the replacement of workers by technology has coincided with a massive improvement in railway safety. According to data from George Bibel, a professor of mechanical engineering at the University of North Dakota, derailments have decreased from over 3,000 in 1980 to less than 500 in 2010. A recent Northwestern University study found similar steep declines in rail fatalities.

Nonetheless, rail workers say that reducing crews to a single operator is a step too far. The RWU argues that routine operations like attaching and detaching cars from a train would be unsafe without a team able to see surroundings.

There are more dramatic cases, such as the May 12th derailment of Amtrak 188. Though the incident is still under investigation, the National Transportation Safety Board has looked into the possibility that engineer Brandon Bostian was either distracted by his phone or incapacitated as the train hit a curve at more than twice the posted speed limit. In those scenarios, the fatal crash might have been prevented by a second engineer.

Another tragic incident occurred when a solo engineer improperly parked the train for the night above Lac-Mégantic, Quebec in 2013. It rolled into downtown Lac-Mégantic and exploded, killing 47 and destroying much of the town’s central district. That train was operated by a smaller line not subject to the labor contracts in effect for so-called Class I carriers.

Kaminkow says that freight engineers operate on unpredictable schedules, generating fatigue that can lead to this sort of mistake.

Unless and until the proposed FRA rule passes, there is no national rule on train staffing levels. U.S. states including Washington, Utah, and Iowa are considering their own rules, but these could be vulnerable to challenge under interstate commerce law.

Regardless of the FRA rule, technology will continue to erode rail jobs. With BNSF piloting a program to inspect rail using drones, track crews may shrink. And though Positive Train Control has been touted primarily as a safety measure, Kaminkow says the technology is a major step towards something more radical.

“If PTC comes online,” he says, “[Railways] will then point out that the train is basically capable of running itself.”

From there, driverless trains would be possible, at least in theory.