New Oil Train Safety Regs Focus on Accident Response, Not Prevention
Long Phase-out of Hazardous Cars, Inadequate Speed Limits Leave Communities at Risk of Explosive Derailments
For Immediate Release, December 7, 2015
Contact: Jared Margolis, (802) 310-4054
WASHINGTON— A new transportation bill signed by President Obama includes provisions intended to improve the safety of oil trains, but leaves puncture-prone tank cars in service for years and fails to address the speed, length and weight of trains that experts point to as the leading causes of explosive derailments. The bill upgrades safety features on oil train tank cars and requires railroads to provide emergency responders with real-time information about when and where dangerous oil cargoes are being transported but doesn’t do enough to prevent oil train accidents, which have risen sharply in recent years.
“While these regulations improve our ability to prepare for oil train disasters they do virtually nothing to prevent them from ever occurring in the first place,” said Jared Margolis, an attorney with the Center for Biological Diversity who focuses on the impacts of energy development on endangered species. “Until we dramatically reduce the speed and length of these bomb trains it’s only a matter of time before the next explosive derailment sends fireballs rolling through one of our communities.”
The new regulations will require all oil train tank cars to include fire-resistant ceramic coatings and protections for protruding top fittings. The final rule issued by federal regulators in May only required oil trains with 35 loaded oil tank cars or 20-car blocks of oil tank cars to implement the new standards, and would not have required the ceramic blankets or top fitting protections for all retrofitted cars.
But experts say even the protective measures included in the new transportation regulations signed into law on Friday will do little to prevent a spill if a train derails at speeds faster than 18 mph, and oil trains are permitted to travel at 40 mph to 50 mph. And the new regulations do not require the phase-out of dangerous puncture-prone tank cars to begin until 2018, and allows them to remain in service until 2029.
“It’s irresponsible to continue to allow these bomb trains to roll through the middle of our communities and across some our most pristine landscapes,” said Margolis. “We need to quit pretending we can make these dangerous trains safe and simply ban them altogether.”
Congress has directed the U.S. Department of Transportation to continue requiring notifications to states of train routes and frequencies so communities can better prepare to respond to train derailments, explosions and oil spills. However, the new regulations do nothing to remedy the track infrastructure problems, or the excessive length and weight of oil trains, cited as leading causes of derailments. Further, it remains unclear whether the public will have access to information about these hazards.
“Keeping information on oil trains from public scrutiny is outrageous, and only serves to protect the corporate interests that care little about the risk to the homes, schools and wild areas that these trains threaten,” said Margolis. “We need to keep these trains off the tracks and keep these dangerous fossil fuels in the ground, rather than keeping the public in the dark.”
Background
The National Transportation Safety Board has repeatedly found that current tank cars are prone to puncture on impact, spilling oil and often triggering destructive fires and explosions. But federal regulators have ignored the safety board’s official recommendation to stop shipping crude oil in the hazardous tank cars. Recent derailments and explosions have made clear that even the newer tank cars, known as CPC-1232s, are not significantly safer, often puncturing at low speeds.
The recent surge in U.S. and Canadian oil production, much of it from Bakken shale and Alberta tar sands, has led to a more than 4,000 percent increase in crude oil shipped by rail since 2005, primarily in trains with as many as 120 oil cars that are more than 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 just in 2013 than in the 38 years from 1975 to 2012 combined.
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 900,000 members and online activists dedicated to the protection of endangered species and wild places.
New Investigative Report Documents Threat from Oil Trains on Nation’s Neglected Rail Infrastructure
With a 5,000% increase in oil train traffic, Waterkeepers across the U.S. identify significant areas of concern with 114 railway bridges along known and potential routes of explosive oil trains
Tina Posterli, and Eddie Scher, Tuesday Nov 10, 2015
Waterkeeper Alliance, ForestEthics, Riverkeeper and a national network of Waterkeeper organizations released a new investigative report today called DEADLY CROSSING: Neglected Bridges & Exploding Oil Trains exploring the condition of our nation’s rail infrastructure and how it is being stressed by oil train traffic. From July to September 2015, Waterkeepers from across the country documented potential deficiencies of 250 railway bridges in 15 states along known and potential routes of explosive oil trains, capturing the state of this often neglected infrastructure in their communities.
The Waterkeepers identified areas of serious concern on 114 bridges, nearly half of those observed. Photos and video footage of the bridges inspected show signs of significant stress and decay, such as rotted, cracked, or crumbling foundations, and loose or broken beams. Waterkeepers were also present when crude oil trains passed and observed flexing, slumping and vibrations that crumbled concrete.
“Waterkeepers boarded their patrol boats to uncover what is happening to the structural integrity of our nation’s railway bridges, a responsibility our federal government has shirked,” said Marc Yaggi, executive director of Waterkeeper Alliance. “People deserve to know the state of this infrastructure and the risks oil trains pose as they rumble through our communities.”
This effort was initiated out of concern for the threat posed by the 5,000 percent increase in oil train traffic since 2008. Oil train traffic increases both the strain in rail infrastructure, as well as the likelihood of a rail bridge defect leading to an oil train derailment, spill, explosion and fire.
“Half the bridges we looked at have potentially serious safety problems,” says Matt Krogh, ForestEthics extreme oil campaign director. “There are 100,000 rail bridges in the U.S. – any one of them could be the next deadly crossing. Oil trains are rolling over crumbling bridges and we can’t wait for the next derailment, spill, and explosion to act.”
A review of rail bridge safety standards revealed that the federal government cedes authority and oversight of inspections and repairs to railway bridge owners. Overly broad federal law, lax regulations, and dangerously inadequate inspections and oversight compound the threat from oil trains. The 2008 federal law and subsequent Department of Transportation standards regulating rail bridge safety leaves responsibility for determining load limits, safety inspections, and maintenance with rail bridge owners.
“Do truckers get to inspect their own trucks? Do you get to inspect your own car? Of course not. So it’s insane, and completely unacceptable, that the rail industry gets to inspect its own infrastructure while moving cargo that is of such enormous risk to American citizens and the environment,” said Riverkeeper Boat Captain John Lipscomb.
Oil trains directly threaten the life and safety of 25 million Americans living inside the 1 mile evacuation blast zone in the case of an oil train fire, and the drinking water supplies for tens of millions more, says the report. The groups are calling for the federal government and rail industry to immediately inspect all rail bridges, share safety information with emergency responders and the public, and stop oil train traffic on any bridge with known safety problems.
Repost from the Billings Gazette [Editor: Note the industry terminology: “BNSF attributes the July 16 incident…to ‘thermal misalignment,’ also known as sun kink, which occurs when rail tracks expand when heated and buckle.” …Will we see more of this with global warming? – RS]
Heat caused Montana train derailments, BNSF says
By Amy Dalrymple, Forum News Service, Nov 4, 2015
Derailed tanker cars lie off track near Culbertson on July 17. The tank cars were hauling fuel from North Dakota and derailed Thursday in rural northeastern Montana, authorities said. Associated Press
CULBERTSON — Two July train derailments in Eastern Montana, including one that spilled 35,000 gallons of Bakken crude, were caused by tracks that buckled in the heat, according to BNSF Railway.
BNSF attributes the July 16 incident that caused 22 oil tankers to derail east of Culbertson to “thermal misalignment,” also known as sun kink, which occurs when rail tracks expand when heated and buckle.
The company also attributes the same cause to the July 14 train derailment about 10 miles west of Culbertson, said BNSF spokesman Matthew Jones.
The Federal Railroad Administration said Tuesday the agency’s investigation into the derailments is still ongoing.
BNSF reported to the FRA that the two derailments caused $3.2 million in damage, including nearly $2 million in equipment damage and more than $1.2 million in track damage.
In the July 16 incident, a westbound train containing 106 crude oil tankers that had been loaded in Trenton, N.D., derailed about five miles east of Culbertson. Twenty-two tankers derailed, with five cars releasing oil, according to information submitted to the FRA.
BNSF and contractors recovered the spilled oil and removed and replaced about 3,900 cubic yards of contaminated soil, Jones said.
On July 14, nine cars on an eastbound mixed merchandise train derailed west of Culbertson, but the cars remained upright and did not cause a spill.
BNSF inspects tracks and bridges more frequently than required by the FRA, including visual inspections and inspections using rail cars equipped with advanced technology, Jones said.
Meanwhile, a legislative audit released last week highlights weaknesses in Montana’s oversight of rail safety, calling attention to a lack of emergency response resources in northeast Montana.
The report by the Montana Legislative Audit Division said the state’s rail safety inspection program is not adequate and first-responders are not adequately trained and equipped to respond to incidents involving hazardous materials.
Northeast Montana does not have a regional hazmat team, primarily due to a lack of hazmat trained and equipped firefighters and the lack of a full-time, salaried fire department, the report said. The closest hazmat team is in Billings, 300 miles from Culbertson.
When a new oil transloading facility in East Fairview, N.D., is at full capacity, Montana may see as many as 40 oil trains each week, the report said.
Montana’s Public Service Commission, which discussed the audit during a meeting Tuesday, would need statutory authority and resources from the state Legislature to expand its oversight of rail safety, said Eric Sell, a spokesman for the agency. Sell noted that the Federal Railroad Administration has primary oversight of rail safety.
BNSF train derailments that were caused by the tracks occurred at a rate of 0.38 incidents per million train miles last year, Jones said, noting the rate is 50 percent better than 10 years ago.
Another recent train derailment involving Bakken crude near Heimdal, N.D., remains under investigation by the National Transportation Safety Board. Six oil tankers derailed and four caught fire in May.
Why are so many oil trains crashing? Track problems may be to blame
Ralph Vartabedian, October 7, 2015
Smoke and flames erupt from the scene of a train derailment March 5, 2015, near Galena, Ill. A BNSF Railway freight train loaded with crude oil derailed in a rural area where the Galena River meets the Mississippi. (Mike Burley / Associated Press)
The only sign of trouble aboard a Norfolk Southern train, hauling roughly 9,000 tons of Canadian crude in western Pennsylvania last year, was a moderate sway in the locomotive as it entered a bend on the Kiskiminetas River.
The first 66 cars had passed safely around the curve when the emergency brakes suddenly engaged, slamming the train to a stop. The conductor trudged back nearly a mile through newly fallen snow to see what happened.
Twenty-one cars had derailed, one slamming through the wall of a nearby factory. Four tank cars were punctured, sending 4,300 gallons of crude pouring out of the tangled wreckage.
Cars are seen from a freight train derailment on Feb. 13, 2014, in Vandergrift, Pa. (Darrell Sapp / Associated Press)
The cause of the accident in North Vandergrift was identified as a failure in the rails — not aging or poorly maintained tracks, but a relatively new section laid less than a year earlier.
The February 2014 crash fits into an alarming pattern across North America that helps explain the significant rise of derailments involving oil-hauling trains over the last three years, even as railroads are investing billions of dollars in improving the safety of their networks. A review of 31 crashes that have occurred on oil trains since 2013 puts track failure at the heart of the growing safety problem.
Track problems were blamed on 59% of the crashes, more than double the overall rate for freight train accidents, according to a Times analysis of accident reports. Investigators and rail safety experts are looking at how the weight and movements of oil trains may be causing higher than expected track failures.
The growing number of trains hauling crude oil from Canada and the Northern Plains are among the heaviest on the rails today, many extending more than 100 cars in length and weighing a cumulative 19,000 tons or more.
Not since the early days of John D. Rockefeller’s oil trust have railroads played such a central role in moving oil from wells to refineries. Oil shipments by rail have soared — an 18-fold increase between 2010 and 2014 — as domestic oil production has escalated faster than the construction of new pipelines to carry it to market.
Concerns about the safety of hauling crude began to rise after the horrific Lac-Megantic accident in Quebec in July 2013 that left 47 people dead and the city’s downtown in ruins.
The Federal Railroad Administration is preparing in coming weeks to issue a new set of initiatives to address the track problems, after previously clamping tighter restrictions on tank car designs and railroad operations. But solving the track problems could be a formidable challenge.
Infographic: Oil train crashes since 2013
Sarah Feinberg, chief of the Federal Railroad Administration, said the agency is working hard to improve safety, but preventing accidents that result from defective track involves finding a needle in every haystack along thousands of miles of track.
“We have been incredibly lucky that the accidents have happened mostly in rural areas,” she said. “Some of them have been very close calls.”
The crashes have occurred as the nation’s railroad system is being asked to do more than at any time in history, putting additional wear and tear on the tracks. Since 2001, railroads have seen a modest 12% increase in the number of cars they haul, but a 24% jump in the more comprehensive measurement of cargo that looks at the weight and train mileage the system has to bear, known as ton-miles, according to industry data.
Though railroads have significantly improved safety in general, the oil train accidents are a worrisome trend in the opposite direction and not fully understood.
Of the 31 crashes involving crude or ethanol since 2013, 17 were related to track problems and 12 a mix of other causes. The cause of the two other crashes remains unclear. The count is based on both final or preliminary government and railroad investigations that were collected by The Times under the Freedom of Information Act or in U.S., Canadian and railroad company filings.
About two-thirds of the accidents resulted in spills, fires or explosions, a record that has already prompted regulators to demand stronger tank cars and other safety measures.
Weight, oil sloshing and cold temperatures are among the issues that might be exacerbating the problem, according to rail safety experts.
Investigators at Safety Transportation Board Canada, which is investigating the eight accidents that have occurred in that country, are beginning to suspect that the oil trains are causing unusual track damage.
“Petroleum crude oil unit trains transporting heavily loaded tank cars will tend to impart higher than usual forces to the track infrastructure during their operation,” the safety board said in a report this year. “These higher forces expose any weaknesses that may be present in the track structure, making the track more susceptible to failure.”
Rick Inclima, safety director at the Brotherhood of Maintenance of Way Employees, also said that oil trains could be creating unique stresses on the track. “You can certainly get some rhythmic forces in … oil trains that you might not see on a mixed freight train with cars of different sizes, weights and commodities,” he said.
The nation’s major railroads are investing record amounts of money to upgrade their tracks and improve safety. The seven class-one railroads, which haul the majority of the nation’s freight, are spending $29 billion this year on their systems, nearly double the level of 2001, according to the American Assn. of Railroads. The trade group did not have any response to The Times analysis of oil train accidents, though it said its member companies exceed federal requirements for inspection and safety.
But that has not eliminated the problem. While all types of derailments dropped 17% over the last three years, there are still more than three every day across the nation, involving trains carrying a variety of freight, according to federal safety data. Bad track accounts for about 27% of overall accidents, less than half the rate that track problems are contributing to oil train accidents.
Though railroad technology may seem antiquated in a digital age, it relies on incredible precision to control monstrously heavy loads. The track in North Vandergrift, Pa., where the Norfolk Southern accident occurred, carries about 30 million tons of freight every year.
The relentless pounding plays havoc with any metallurgical flaw. Wooden ties deteriorate as they age. And other track components crack.
Investigators attributed the Pennsylvania derailment to a “wide gauge” failure, in which the rails were pushed too far apart to keep the wheels on the tracks.
The freight tracks in the U.S. and most of the world are supposed to be 56.5 inches apart, a width known as the gauge. Just three inches of movement can cause a derailment. And even if tracks conform to federal standards, they can separate under the force of a heavy train.
“Wide gauge” is the single largest cause of accidents involving track defects. In the case of the Pennsylvania derailment, it was broken spikes that caused the rail to widen, even though the track had been replaced in 2012, according to Federal Railroad Administration officials.
Private railroad experts have suggested that the sloshing of oil inside the cars may also be involved in the derailments.
Tank cars are only partially filled with oil, allowing for expansion if the temperature increases. The tanks have internal baffles, but the liquid can still slosh as the cars move, causing higher dynamic loads, said Bill Keppen, an independent rail safety expert. “Sloshing increases the stress on the track,” he said.
Federal safety experts said if sloshing does have an effect, they do not consider it significant.
The Times examination of accident reports also shows the large majority of derailments occurred in below freezing temperatures, ranging down to 23 below zero in a crash this year in Ontario.
As temperatures drop, steel rails progressively shrink, amplifying the potential for any existing defect to cause a failure, FRA safety experts said in interviews. Frozen ballast, the crushed rock that forms the rail bed, also causes rail to undergo greater shocks under the load of heavy trains.
Federal regulators and the industry are trying to improve safety, but opinions are sharply divided about exactly what measures are needed.
The Federal Railroad Administration, for example, has ordered that crude-carrying trains can travel at no more than 40 miles per hour in urban areas. But the North Vandergrift train was going only 36 mph. Nineteen of the trains whose speeds are known were moving 40 mph or slower, and no train was going faster than 50 mph, records show.
The railroad administration has increased its track inspections and railroads have agreed to increase their own inspections, according to Matthew Lehner, the agency’s communications director.
“In the coming weeks, the Federal Railroad Administration plans to announce additional steps to prevent crude oil train derailments,” Lehner said.
Critics say that many of the safety initiatives adopted so far reflect a policy aimed at mitigating the damage caused by derailments rather than preventing them.
“The attention has changed,” said Brigham McCown, former chief of the federal agency that sets tank car standards. “I hear people say, ‘It happens, they derail.’ I think that is an untenable position. As a safety regulator, I don’t think you can ever say, ‘Things blow up,’ or ‘Things crash.’ I believe the Department of Transportation has myopically focused on incident mitigation. Prevention should be the first question they should address.”
New Oil Train Safety Regs Focus on Accident Response, Not Prevention
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