Tag Archives: Pipeline and Hazardous Materials Safety Administration

Northern California Representatives call for no delay in or weakening of new oil-by-rail safety standards

Repost from The Benicia Herald
[Editor: In an otherwise excellent report, this story fails to mention that Benicia’s own Representative Mike Thompson and 5 other Northern California legislators joined with Reps. Garamendi and Matsui in signing the letter.  Note as well that the fires in the West Virginia explosion burned for nearly 3 days (not 24 hours per this article).  See also Rep. Garamendi’s Press Release.  A PDF copy of the signed letter is available here.  See also coverage in The Sacramento Bee.  – RS]

Garamendi calls for no delay in oil-by-rail safety improvements

By Donna Beth Weilenman, March 4, 2015

U.S. Rep. John Garamendi, D-Fairfield, is urging the Department of Transportation to issue stronger safety standards for transporting oil by train “without delay.”

Garamendi, a member of the House Committee on Transportation and Infrastructure, made his call in a letter he authored after working with U.S. Rep. Doris Matsui, D-Sacramento, and circulated among members of the House.

He said the letter responds to news that the DOT may consider weakening oil train safety regulations and delaying a deadline for companies to comply with certain safety guidelines.

He said he also has been making his appeal to DOT officials in person as well as in committee hearings and in speaking with reporters, urging the department to adopt stronger safety measures designed to protect communities near rail lines.

He said several key intercontinental rail lines that reach West Coast ports and refineries lie within his Third District.

Those rail lines go through Fairfield, Suisun City, Dixon, Davis, Marysville and Sacramento, he said.

Garamendi is the leading Democrat on the House Committee on Transportation and Infrastructure’s Subcommittee on the Coast Guard and Maritime Transportation.

He pointed to a February accident in West Virginia in which a train carrying crude oil derailed and exploded, and said that was just the latest in a series of more frequently occurring incidents.

That accident happened in Fayette County, in which Garamendi said 28 tanker rail cars in a CSX train went off the tracks and 20 caught fire, accompanied by explosions and 100-yard-high flames.

Nearby residents were evacuated, and the fires burned for 24 hours.

West Virginia’s governor, Earl Ray Tomblin, issued a statement saying the train was carrying Bakken crude from North Dakota to Yorktown, Va. The train had two locomotives and 109 rail cars, according to a CSX statement.

CSX originally said one car entered the Kanawha River, but later said none had done so.

The company reported at least one rail car ruptured and caught fire. One home was destroyed, and at least one person was treated for potential inhalation of fumes.

The rail line said it was using newer-model tank cars, called CPC 1232, which are described as tougher than DOT-111 cars made before 2011. Garamendi confirmed that.

He also said the train was traveling at 33 mph, well below the 50-mph speed limit for that portion of the track.

According to a report by the Wall Street Journal and a statement from the North Dakota Industrial Commission, the oil contained volatile gases, and its vapor pressure was 13.9 pounds per square inch. A new limit of 13.7 pounds per square inch is expected to be set by North Dakota in April on oil carried by truck or rail from the Bakken Shale fields, though Brad Leone, a spokesperson from Plains All American Pipeline, the company that shipped the oil, said his company had followed all regulations that govern crude shipping and testing.

A few days before, another Canadian National Railways train derailed in Ontario.

“Families living near oil-by-rail shipping lines are rightfully concerned about the safety of the trains that pass through their communities,” Garamendi said.

“For that reason, I have repeatedly called on the Department of Transportation to use all the tools at their disposal to ensure that these shipments are as safe and secure as possible.”

He said he also wants the DOT to act quickly.

“Every day that strong and effective rules are delayed is another day that millions of Americans, including many in my district, are put at greater risk.

“While the Department has made this a priority, they must move with greater urgency to address this matter.”

He and Matsui have written Timothy Butters, acting administrator of the Pipeline and Hazardous Materials Safety Administration, and Sarah Feinberg, acting administrator of the Federal Railroad Administration, expressing “our strong concern that despite increased train car derailments and an overall delay in the issuance of oil-train safety regulations, the Department of Transportation may be considering a revision that could delay the deadline for companies to comply with important safety guidelines, including upgrading CPC-1232 tank cars to new standards.”

Citing the frequency of derailments, they wrote that such measures as stabilizing crude and track maintenance before transport should be added to those standards. “Any weakening of the proposed rule would be ill-advised,” they wrote.

The two wrote that the West Virginia accident was the third reported in February.

In addition to that one and the Ontario accident, another train carrying ethanol derailed and caught fire in Iowa.

“These are in addition to recent derailments in Northern California’s Feather River Canyon, Plumas County, and Antelope region where three train cars derailed earlier this year while en route from Stockton to Roseville,” they wrote.

The two said the need for safer train cars “has long been documented and is overdue.”

They said the DOT began updating rules in April 2012. Meanwhile, from 2006 to April 2014, 281 tank cars derailed in the United States and Canada.

They wrote that 48 people died and nearly 5 million gallons of crude oil and ethanol were released.

“Serious crude-carrying train incidents are occurring once every seven weeks on average, and a DOT report predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, causing billions of dollars in damage and possibly costing hundreds of lives,” they wrote.

In the wake of “this alarming news,” they wrote of their “great concern” that Pipeline and Hazardous Materials Safety Administration failed to meet its Jan. 15 deadline to release a final rule on crude-by-rail regulations.

They urged the DOT to maintain the timeline that gives companies two years to retrofit cars and to have provisions in place or additional regulations drafted to require stabilization of crude as well as better track maintenance technology.

“We understand that more than 3,000 comments to the rule were analyzed and we commend the DOT for its work with industry thus far on information sharing, slower speeds, and reinforced railcars, but the multi-pronged solutions for this important safety issue must be implemented as quickly as possible,” they wrote.

“We also believe that DOT should issue a rule that requires stripping out the most volatile elements from Bakken crude before it is loaded onto rail cars.

“This operation may be able to lower the vapor pressure of crude oil, making it less volatile and therefore safer to transport by pipeline or rail tank car,” they wrote.

In addition, they wrote that greater priority must be placed on track maintenance and improvement.

“We need safer rail lines that are built for the 21st century, including more advanced technology in maintaining railroad tracks and trains so that faulty axles and tracks do not lead to further derailments,” they wrote.

Saying 16 million Americans live near oil-by-rail shipping lanes, Garamendi and Matsui wrote that if “dangerous and volatile crude” is to be shipped through municipalities and along sensitive waters and wildlife habitat, “the rail and shipping industries must do more.”

The two praised the National Transportation Safety Board for investigating the accidents thoroughly.

But they added that those living near crude-by-rail tracks “should not have to live with the fear that it is only a matter of time.”

Instead, they wrote, the DOT should work toward “release of a strong and robust safety rule as soon as possible.”

7 Northern California Congress members call on feds to upgrade oil train safety now

Repost from The Sacramento Bee
[Editor: See also, Rep. Garamendi’s Press Release.  A PDF copy of the signed letter is available here.  See also coverage in The Benicia Herald.  – RS]

Sacramento area Congress members call on feds to upgrade oil train safety now

By Tony Bizjak, 03/02/2015 10:59 AM 
A BNSF train carrying 98 tankers of crude oil passes through midtown Sacramento from the North Dakota Bakken oil fields to a refinery in the Bay Area city of Richmond.
A BNSF train carrying 98 tankers of crude oil passes through midtown Sacramento from the North Dakota Bakken oil fields to a refinery in the Bay Area city of Richmond. | Jake Miille

Several Northern California representatives in Congress have sent a letter to the Obama Administration expressing displeasure that federal officials missed a self-imposed deadline to propose stronger safety regulations on trains shipping crude oil.

The Sacramento area is among many in the country that is seeing growing numbers of trains carrying volatile Bakken crude oil. Elsewhere in North America, several trains have crashed and exploded, including one carrying highly volatile Bakken crude in West Virginia several weeks ago that spilled oil into a river and set a forested area on fire.

Pressure is growing on federal officials to impose safety regulations. The federal government last year announced a series of potential rule changes, including requiring stronger tank cars, and set a January 2015 date for a likely ruling.

“Clearly action needs to be taken to increase the safety standards for rail cars transporting Bakken crude oil, and it must be taken now,” Rep. Doris Matsui, D-Sacramento, said in a press statement about the letter. “Our communities simply cannot afford any delay in implementation of stringent safety guidelines.”

The group, which includes Matsui, John Garamendi, D-Walnut Grove, and Mike Thompson, D-St. Helena, sent its letter Friday to the Pipeline and Hazardous Materials Safety Administration and Federal Railroad Administration, asking them to take action to make rail shipments safer.

“We understand that more than 3,000 comments to the rule were analyzed and we commend the DOT for its work with industry thus far on information sharing, slower speeds, and reinforced railcars, but the multi-pronged solutions for this important safety issue must be implemented as quickly as possible,” the group wrote in the letter.

“We also believe that DOT should issue a rulemaking that requires stripping out the most volatile elements from Bakken crude before it is loaded onto rail cars. This operation may be able to lower the vapor pressure of crude oil, making it less volatile and therefore safer to transport by pipeline or rail tank car. Additionally, we believe that track maintenance and improvements must be a priority.

“We need safer rail lines that are built for the 21st century including more advanced technology in maintaining railroad tracks and trains, so that faulty axles and tracks do not lead to further derailments. If more dangerous and volatile crude is to be transported through cities and towns and along sensitive waterways and wildlife habitat, the rail and shipping industries must do more.”

The letter from local leaders came a day after Pennsylvania Gov. Tom Wolf sent a similar, high-profile plea to the president.

“The pace of federal rulemaking on rail safety is too slow,” Wolf wrote in a letter to Obama. “We urge that new federal safety rules be developed and implemented with a sense of urgency appropriate to the risk presented.”

Federal transportation officials said they are taking the final steps now in the process, but that the issue is complex.

“I’ve made the tank car rule a top priority for this department because the American people must have confidence that when hazardous materials are transported through their communities, we’ve done everything in our power to make that train as safe as possible, “ Transportation Secretary Anthony Foxx said.

“This is a highly complex issue, consuming massive staff time, scientific study, dialogue with stakeholders and experts, and coordination across borders,” Foxx said. “The department has and will continue to put a premium on getting this critical rule done as quickly as possible, but we’ve always committed ourselves to getting it done right.”

Crude Oil on Derailed Train Contained High Level of Gas

Repost from The Wall Street Journal
[Editor: This is a MUST READ.  Highly significant findings, with life-and-death implications for all regulators, first responders, rail and oil industry workers and executives, and for every town and country along the rails.  – RS]

Crude on Derailed Train Contained High Level of Gas

Cargo would have violated new vapor-pressure cap that goes into effect in April

By Russell Gold, March 2, 2015 6:54 p.m. ET
crude_oil_train_derailment_Mt.CarbonWVa
The scene of a CSX crude-oil train burning after derailment in Mount Carbon, W. Va. Photo: Marcus Constantino/Reuters

The crude oil aboard the train that derailed and exploded two weeks ago in West Virginia contained so much combustible gas that it would have been barred from rail transport under safety regulations set to go into effect next month.

Tests performed on the oil before the train left North Dakota showed it contained a high level of volatile gases, according to a lab report reviewed by The Wall Street Journal. The oil’s vapor pressure, a measure of volatility, was 13.9 pounds per square inch, according to the Feb. 10 report by Intertek Group PLC.

That exceeds the limit of 13.7 psi that North Dakota is set to impose in April on oil moving by truck or rail from the Bakken Shale. Oil producers that don’t treat their crude to remove excess gas face fines and possible civil or criminal penalties, said Alison Ritter, a spokeswoman for the North Dakota Industrial Commission.

The state introduced new rules on shipping oil in December, after a series of accidents in which trains carrying crude from the Bakken erupted into fireballs after derailing. As the Journal has reported, oil from shale formations contains far more combustible gas than traditional crude oil, which has a vapor pressure of about 6 psi; gasoline has a maximum psi of about 13.5.

The company that shipped the oil,  Plains All American Pipeline LP, said it follows all regulations governing the shipping and testing of crude. “We believe our sampling and testing procedures and results are in compliance with applicable regulatory requirements,” said Plains spokesman Brad Leone.

New information about the West Virginia accident is likely to increase regulators’ focus on the makeup of oil being shipped by train. Federal emergency rules adopted last year imposed new safety requirements on railroad operators but not on energy companies.

“The type of product the train is transporting is also important,” said Sarah Feinberg, the acting head of the Federal Railroad Administration. “The reality is that we know this product is volatile and explosive.”

Ms. Feinberg has supported requiring the energy industry to strip out more gases from the crude oil before shipping it to make the cargo less dangerous, but such measures aren’t currently included in current or proposed federal rules.

In the wake of the West Virginia accident, members of Congress have called on the White House to expedite its review of pending safety rules developed by the U.S. Transportation Department. Timothy Butters, the acting administrator of the department’s Pipeline and Hazardous Materials Safety Administration, said the new regulations were being vetted as quickly as was practical, given what he called their complexity.

Some critics are calling for lower limits on the vapor pressure of oil moving by rail.

crude_oil_train_derailment_Mt.CarbonWVa02
The train that derailed in Mount Carbon, W.Va., in mid-February included 109 tanker cars loaded with about 70,000 barrels of Bakken crude. PHOTO: ASSOCIATED PRESS

The lower the vapor pressure, the less explosive the oil and “the less chance of it blowing up—that should be the common goal here,” said Daniel McCoy, the chief executive of Albany County, N.Y., which has become a transit hub for Bakken crude heading to East Coast refineries.

The train that exploded in West Virginia included 109 tanker cars loaded with about 70,000 barrels of crude. It traveled from Western North Dakota across Minnesota, Illinois and Ohio before derailing in Mount Carbon, W. Va. Nearly two dozen tanker cars full of crude oil were engulfed in flames, some exploding into enormous fireballs that towered over the small community and burned a house to the ground.

The cause of the derailment remains under investigation. State and federal officials have said the train was traveling well under speed limits imposed last year on trains carrying crude oil. The train was made up of relatively new tanker cars built to withstand accidents better than older models.

A couple hours after the derailment, CSX and Plains All American Pipeline turned over paperwork about the crude to first responders and state and federal investigators. The testing document was included; the Journal reviewed it after making an open-records request.

A spokesman for  CSX Corp. , the railroad that carried the oil at the time of the crash, said it had stepped up its inspections of the track along this route, a procedure that railroads voluntarily agreed to last year.

Related

“Documentation provided to CSX indicated that the shipments on the train that derailed were in compliance with regulations necessary for transportation,” said Gary Sease, a CSX spokesman. “We support additional measures to enhance the safety of oil shipments, and continue to work cooperatively with regulators, oil producers, tank car manufacturers and others to achieve ever higher safety performance.”

A spokesman for BNSF Railway Co., which hauled the crude oil from North Dakota to Illinois, where it was handed off to CSX, declined to comment on the derailment.

Intertek, the testing company, said it is abreast of the regulatory changes and “working closely with authorities and our clients to assure compliance.”

The U.S. Transportation Department is testing samples of crude that didn’t spill or burn and says it plans to compare its findings with the North Dakota test.

The fire burned for three and a half days. “If it is burning hard, you can’t put it out,” said Benny Filiaggi, the deputy chief of the Montgomery Fire Department, who responded to the West Virginia derailment. He said he received training from CSX about oil-train fires in October.

“We concentrated on evacuating everyone nearby before the first explosion,” Mr. Filiaggi said.

AP EXCLUSIVE: DOT predicts fuel-hauling trains will derail 10 times a year; cost $4 billion; 100’s killed

Repost from Associated Press News
[Editor: Download the July, 2014 Department of Transportation analysis here.  A word of caution: a reputable source writes, “On a closer inspection, PHMSA conceded that the numbers it used for the analysis are flawed and that the scenarios lined out in the AP story are assuming no new regulations are enacted.”  That said, my source also wrote, “We didn’t need a study to tell us there was a problem.”- RS]

AP Exclusive: Fuel-hauling trains could derail at 10 a year

By Matthew Brown and Josh Funk, Feb. 22, 2015 12:00 PM ET

BILLINGS, Mont. (AP) – The federal government predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, causing more than $4 billion in damage and possibly killing hundreds of people if an accident happens in a densely populated part of the U.S.

The projection comes from a previously unreported analysis by the Department of Transportation that reviewed the risks of moving vast quantities of both fuels across the nation and through major cities. The study completed last July took on new relevance this week after a train loaded with crude derailed in West Virginia, sparked a spectacular fire and forced the evacuation of hundreds of families.

Monday’s accident was the latest in a spate of fiery derailments, and senior federal officials said it drives home the need for stronger tank cars, more effective braking systems and other safety improvements.

“This underscores why we need to move as quickly as possible getting these regulations in place,” said Tim Butters, acting administrator for the Transportation Department’s Pipeline and Hazardous Materials Safety Administration.

The volume of flammable liquids transported by rail has risen dramatically over the last decade, driven mostly by the oil shale boom in North Dakota and Montana. This year, rails are expected to move nearly 900,000 car loads of oil and ethanol in tankers. Each can hold 30,000 gallons of fuel.

Based on past accident trends, anticipated shipping volumes and known ethanol and crude rail routes, the analysis predicted about 15 derailments in 2015, declining to about five a year by 2034.

The 207 total derailments over the two-decade period would cause $4.5 billion in damage, according to the analysis, which predicts 10 “higher consequence events” causing more extensive damage and potential fatalities.

If just one of those more severe accidents occurred in a high-population area, it could kill more than 200 people and cause roughly $6 billion in damage.

“Such an event is unlikely, but such damages could occur when a substantial number of people are harmed or a particularly vulnerable environmental area is affected,” the analysis concluded.

The two fuels travel through communities with an average population density of 283 people per square kilometer, according to the federal analysis. That means about 16 million Americans live within a half-kilometer of one of the lines.

Such proximity is equivalent to the zone of destruction left by a July 2013 oil train explosion that killed 47 people and leveled much of downtown Lac-Megantic, Quebec, the analysis said.

Damage at Lac-Megantic has been estimated at $1.2 billion or higher.

A spokesman for the Association of American Railroads said the group was aware of the Department of Transportation analysis but had no comment on its derailment projections.

“Our focus is to continue looking at ways to enhance the safe movement of rail transportation,” AAR spokesman Ed Greenberg said.

Both the railroad group and the Railway Supply Institute, which represents tank car owners and manufacturers, said federal officials had inflated damage estimates and exaggerated risk by assuming an accident even worse than Lac-Megantic, which was already an outlier because it involved a runaway train traveling 65 mph, far faster than others that had accidents.

To get to refineries on the East and West coasts and the Gulf of Mexico, oil shipments travel through more than 400 counties, including major metropolitan areas such as Philadelphia, Seattle, Chicago, Newark and dozens of other cities, according to routing information obtained by The Associated Press through public record requests filed with more than two dozen states.

Since 2006, the U.S. and Canada have seen at least 21 oil-train accidents and 33 ethanol train accidents involving a fire, derailment or significant amount of fuel spilled, according to federal accident records reviewed by the AP.

At least nine of the trains, including the CSX train that derailed in West Virginia, were hauling oil from the Northern Plains’ Bakken region that is known for being highly volatile. Of those, seven resulted in fires.

Both the West Virginia accident and a Jan. 14 oil train derailment and fire in Ontario involved recently built tank cars that were supposed to be an improvement to a decades-old model in wide use that has proven susceptible to spills, fires and explosions.

Safety officials are pushing to make the tanker-car fleet even stronger and confronting opposition from energy companies and other tank car owners.

Industry representatives say it could take a decade to retrofit and modify more than 50,000 tank cars, not the three years anticipated by federal officials, who assumed many cars would be put to new use hauling less-volatile Canadian tar-sands oil.

The rail industry’s overall safety record steadily improved over the past decade, dropping from more than 3,000 accidents annually to fewer than 2,000 in 2013, the most recent year available, according to the Federal Railroad Administration.

But the historical record masks a spike in crude and ethanol accidents over the same time frame. Federal officials also say the sheer volume of ethanol and crude that is being transported – often in trains more than a mile long – sets the two fuels apart.

Most of the proposed rules that regulators are expected to release this spring are designed to prevent a spill, rupture or other failure during a derailment. But they will not affect the likelihood of a crash, said Allan Zarembski, who leads the railroad engineering and safety program at the University of Delaware.

Derailments can happen in many ways. A rail can break underneath a train. An axle can fail. A vehicle can block a crossing. Having a better tank car will not change that, but it should reduce the odds of a tank car leaking or rupturing, he said.

Railroads last year voluntarily agreed to reduce oil train speeds to 40 mph in urban areas. Regulators said they are considering lowering the speed limit to 30 mph for trains not equipped with advanced braking systems. Oil and rail industries say it could cost $21 billion to develop and install the brakes, with minimal benefits.