Tag Archives: Tank car retirement

Bakken Crude, Canadian regulation, CPC-1232, Crude By Rail, Derailment, DOT-111, Explosion, Federal Regulation (U.S.), Fire, Hazmat notification, Oil industry lobby, Rail industry lobby, Rail Safety, Tank car design, Tank car maintenance, Tank car retirement, Tar sands crude, Train braking systems, Train speed

ForestEthics: Oil Trains Too Fast, New Safety Rules Too Slow

Repost from ForestEthics (Also appearing in the Huffington Post)

Oil Trains Too Fast, New Safety Rules Too Slow

By Todd Paglia, Executive Director, May 1, 2015
New Oil Train Rules (Photo/NOAA)
New Oil Train Rules (Photo/NOAA)

In the first three months of 2015 four oil train accidents sent emergency responders scrambling, crude oil spilling into drinking water supplies, and fireballs blasting into the sky. The string of accidents in February and March demonstrate the severe threat from Bakken crude and Alberta tar sands moving on mile-long oil trains. These derailments and explosions set a bar we can use to measure the new oil train standards announced today by the US and Canadian governments.

Would the new rules have prevented any of the 2015 accidents and, ultimately, will they reduce the threat of oil train catastrophes like the 2013 Lac Megantic, Quebec, explosion that killed 47 people? The answer is no, and the reason is speed: the regulations move too slow and the trains continue to move too fast.

The rules announced at a joint press conference today by US and Canadian officials arrive decades late and with the sticky fingerprints of the oil and rail industry all over them. The administration has slowed down and narrowed the scope of the rules so the most dangerous tank cars stay on the rails for at least two and a half years. Other unsafe tank cars have five or seven years before they must meet new higher standards.

Not that the new standards will help much: All four 2015 accidents involved CPC-1232 cars, the newer tank cars that are supposedly safer than the dangerous DOT-111s. But to be clear, neither the upgraded cars or new cars built to the new standard will prevent an explosion if the train is moving at normal speeds.

So we can begin to look for new and upgraded cars (like the ones that exploded in recent months) in the years to come, but those living along the tracks can still expect to see the worst cars continue to roll by their homes for a very long time. The administration effectively allows rail companies to keep antiquated tank cars on the rails in trains with fewer than 35 crude oil tank cars (or 20 in a row.) That means oil trains hauling up to a million gallons of explosive crude oil in the most dangerous tank cars will keep rolling through a downtown near you FOREVER.

The administration trumpets new electronically controlled pneumatic brakes for oil trains. While it’s good news that oil and rail companies will use state-of-the-art technology, the administration is giving them until 2021 to install the new better brakes. That’s six years too long to require what should be a basic minimum safety requirement.

And while these upgrades to the tank car fleet creep slowly into place, the trains will continue flying down the tracks at reckless speeds. The new rule allows oil trains to travel at more than twice the rated “puncture velocity” of even the new tank cars that they will (in some cases) eventually require. That means that oil trains carrying three million gallons of explosive crude will continue to travel at 50 mph across North America, except in a small number of “high threat” urban areas where they must go 40. The new speed limits offer little comfort because three of the four of the explosive accidents in 2015 occurred at speeds below 35 mph. (The accident in Gogama, ON, occurred at 43 mph, just three mph over the “high-priority” speed limit.) The Galena, Illinois, derailment occurred at only 23 mph, proving that the speed limits in the rule are inadequate to protect anyone.

In the final insult to injury, the administration walked too quickly away from notification standards in an earlier draft of the rule, leaving citizens and emergency responders in the dark about where these trains are running and when.

The Obama Administration took its time developing new rules for hazardous materials on trains that run through the heart of America: they looked at the threat of exploding oil trains, but heavy industry lobbying made them flinch. The administration failed to learn the lessons of Lac Megantic or the four explosive oil train accidents we’ve seen so far in 2015 alone. They have given public safety the cold shoulder, instead embracing the oil and rail industry lobbyists peddling this dangerous cargo.

We were fortunate that none of the 2015 accidents caused fatalities. ForestEthics and our many partners will continue pushing the administration to do a lot better and hope that our luck holds while we stop these dangerous trains from crisscrossing North America.  But it shouldn’t be a matter of luck. Secretary Foxx and President Obama have chosen to roll the dice instead of writing strong rules that protect the 25 million of us living in the blast zone.

More by Todd Paglia:
Bakken Crude, CPC-1232, Crude By Rail, DOT-111, Environmental review, Explosion, Federal Regulation (U.S.), Rail Safety, Tank car retirement, Tank car retrofit, Valero Benicia Refinery, Valero Crude By Rail, Volatility, West Coast refineries

New rules for crude-by-rail transport fall short

Repost from SFGate (San Francisco Chronicle)

New rules for crude-by-rail transport fall short

By Lois Kazakoff on May 1, 2015 5:50 PM
Oil imports by rail account for just about 1 percent of total shipments to California refineries, but they are rising rapidly. Above, trains at a Union Pacific yard in Bloomington, Calif.
California moves to prevent spills of oil shipped by trains – Oil imports by rail account for just about 1 percent of total shipments to California refineries, but they are rising rapidly. Above, trains at a Union Pacific yard in Bloomington, Calif. Photo By Irfan Khan/Los Angeles Times/MCT

The U.S. Department of Transportation unveiled new rules on transporting crude oil by rail Friday that set a timeline to get old-technology, easily punctured tank cars off U.S. and Canadian rail lines but fail to address the explosive nature of the Bakken crude that sparked the public’s concerns to begin with.

While the new rules are a step toward safer rail transport, it is a disappointing decision for the dozens of communities the oil trains roll through on the way to West Coast refineries. The new rules get the old DOT-111 cars off the rails over the next three years, and beef up the steel gauge required to construct the new CPC-1232 cars. But the Department of Transportation itself noted nearly a decade ago that the old cars punctured in minor, low-speed collisions. The new rules should have immediately banned them rather than phasing them out.

Most distressing is that the new rules do not set a standard for the volatility of what goes in the tank cars. Lower volatility would reduce the risk of explosions. Crude extracted from the Bakken Oil Shale is significantly more volatile than other types of petroleum — a fact the Department of Transportation has acknowledged and the public became aware of in July 2013 when a train carrying Bakken crude exploded in Lac Megantic, Ontario.

The new rules will do little to allay the worries of residents in Davis, Martinez and Pinole, where railroad tracks crisscross streets, or in Benicia, where Valero has applied for permission to retrofit its refinery to receive crude by rail in addition to crude by tanker ship. Valero has proposed moving the oil in the CPC-1232 cars, limiting oil trains to 50 cars rather than the more standard unit of 100 cars, and reducing train speeds in town. The City of Benicia is expected to release the draft environmental impact report on the project June 30.

Bills introduced in the House and the Senate this month would address these concerns, and more, notably requirements to notify first responders in real time when the trains are coming through. The new department rules require a railroads to provide a telephone number for first responders to call but do not require notification.

“These rules do not go far enough in addressing the safety concerns posed by trains transporting highly volatile crude oil through the heart of our communities,” said Rep. Mike Thompson, D-St. Helena. “We need to put robust, comprehensive safety measures in place that will help make sure communities are safe, rail cars meet the strongest possible standards, and first responders are prepared in the event of an emergency. DOT’s rules do not sufficiently address these issues and so Congress should act to put safety measures in place.”

Action in Congress this month presaged the announcement of the new less-than-adequate Department of Transportation regulations.

Thompson’s bill, introduced April 15 and co-authored with Reps. Jim McDermott, D-Wash., Doris Matsui, D-Sacramento, and Ron Kind, D-Wis., would require volatility standards and weekly communications between first responders and railroad officials about crude oil trains.

In the Senate, Sens. Dianne Feinstein, D-San Francisco, Ron Wyden, D-Ore., and Jeff Merkley, D-Ore., introduced legislation April 30 to protect communities from oil train accidents, focusing on communication with first responders.

Last year saw a record 144 rail accidents in the U.S., up from just one in 2009. The volume of oil cars, however, has increased by 4000 percent since 2008.

Rep. Thompson has it right: Congress needs to step in and demand better protections for communities on the rail lines.

Crude By Rail, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), First responder training, Tank car design, Tank car retirement, Volatility

Senator Cantwell: “The new DOT rule is just like saying let the oil trains roll. It does nothing…”

Senator Cantwell Press Release
[Editor:  For the full text of the 395-page rule, see http://www.dot.gov/sites/dot.gov/files/docs/final-rule-flammable-liquids-by-rail_0.pdf.  – RS]

Cantwell Statement on DOT Crude-by-Rail Safety Rules

May 1, 2015

WASHINGTON, D.C. – Today, U.S. Senator Maria Cantwell (D-WA) issued the following statement on the U.S. Department of Transportation’s new rules governing the safety of oil train tank cars.

“The new DOT rule is just like saying let the oil trains roll. 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. It’s more of a status quo rule than the real safety changes needed to protect the public and first responders.”

In March following four fiery derailments involving oil trains, Cantwell introduced the Crude-By-Rail Safety Act of 2015 with Senators Patty Murray (D-WA), Tammy Baldwin (D-WI), Dianne Feinstein (D-CA), and Jeff Merkley (D-OR). The legislation requires the Pipeline and Hazardous Materials Safety Administration (PHMSA) to establish new regulations to mitigate the volatility of gases in crude oil shipped via tank car. It also would immediately halt the use of older-model tank cars at high risk for puncturing and catching fire in derailments, as well approving $40 million for first responder training programs to improve emergency response procedures.

CPC-1232, Crude By Rail, Derailment, DOT-111, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), Fire, Hazmat notification, High Hazard Flammable Trains (HHFTs), Positive Train Control, Rail routing, Tank car retirement, Tank car retrofit, Train speed, Volatility

Expert comments on new DOT rules – Dr. Fred Millar

Repost of an email from Fred Millar
[Editor:  Dr. Fred Millar is a policy analyst, researcher, educator, and consultant with more than three decades of experience assessing the risks associated with transporting hazardous materials.  More about Fred here on p. 3 of his Comment on Valero Benicia’s crude by rail proposal.  – RS]

NEW REGULATIONS: DOT Canada joint announcement  – Comments and notes

By Fred Millar, May 1 2015

Full Final Rule: http://www.dot.gov/sites/dot.gov/files/docs/final-rule-flammable-liquids-by-rail_0.pdf

1.      The US/Canada announcement of harmonized new safety regulations for trying to prevent Crude by Rail disasters falls far short of what is needed and yields another clear indicator of how industry lobbying weakens efforts for any significant and effective government regulation.

Senator Cantwell [D-WA] has bluntly stated: “This new DOT rule is just like saying let the oil trains roll. 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. It’s more of a status quo rule than the real safety changes needed to protect the public and first responders.”

2.      Safety-minded DOT staffers have often in public forums and in regulatory documents pointedly highlighted important safety issues with High Hazard Flammable Trains [HHFT].   But DOT Secretary Foxx’s ongoing rollouts of painfully limited regulatory proposals keep coming even after the staff’s own public statements [e.g., by Karl Alexy] and their regulatory documents. For example, the July 2014 Draft Regulatory Impact Analysis clearly predicts an alarming level of expected ongoing derailment disasters, but this is apparently a level which industry considers an acceptable cost of doing business when the current basic industry practices are not significantly altered.

The most clearly disappointing aspects of the new Final Rule involve:

  • Train speed: these high allowed speed limits [which the railroads have already adopted voluntarily] would ensure ongoing derailment punctures of even the newer tank cars.
  • Routing: simply extending the existing ineffective and secret rail urban routing regime to HHFTs means railroads are free to keep our cities and sensitive environmental areas at high risk, and keeping the public in the dark about those risks.
  • Retrofit schedules extending in some cases ten years, to 2023.
  • Volatility – not addressed at all.

********************************************

Intense negotiations have occurred behind the scenes regarding what safety measures  industry and governments can agree are feasible and economically practical, e.g., regarding how short regulators can make a mandated deadline for costly safety retrofits of the approximately 100,000 existing inadequate tank cars in the mile-long High Hazard Flammable Trains.

3.   A previous rail car safety crisis illuminates the political nature of the regulatory decisions as to what safety measures will be considered feasible.   In the 1970s, US DOT at first ordered the manifestly unsafe pressurized tank cars [more robust than the DOT-111s ], carrying cargoes such as chlorine, ammonia and propane, to be retrofit with various upgrades within two to four years. When the tank cars kept exploding, however, with one 1977 blast in Waverly TN killing 16 ill-trained firefighters, DOT hastily shortened the mandated retrofits deadlines to one to two years.

4.   These long-overdue HHFT regulations that US DOT rolls out [nearly 2 full years after the Lac-Megantic Quebec tragedy with 47 dead] are designed to look vigorous, but will not deliver significant improvements in any of the most-needed safety measures to prevent ongoing disasters:

    • Volatility reduction – Obama already punted on this to 3 ND regulators, awash in oil money
    • Emergency response capabilities
    • Tank car design
    • Train Speed
    • Risk-reduction routing
    • Risk Information to the public – as NTSB has pointed out should be a key element in undergirding serious safety measures and emergency response planning

5.   The context here is notable: ongoing fireball disasters with Crude Oil Trains in Canada and the US, with the newest design of tank cars, the CPC-1232s, releasing their contents in several.

Even an eminently railroad-friendly commentator in the rail industry’s own Trains Magazine – Fred Frailey – is frustrated by railroads’ failure to decisively to prevent the spate of CBR disasters… He says the North American public is rightly alarmed by the massive crude oil trains as they see that “Railroads aren’t good at keeping them on the tracks.” [May 2015 issue]

Similar railcar disaster crises in the past alarmed the public and prompted Congress and regulators to beef up safety:

An excerpt:

Many tank cars that were built starting in the 1960s were designed to carry as much cargo as possible, which meant thin shells that could easily puncture or rupture in a derailment. While economical, the designs proved disastrous in a number of horrific incidents involving toxic and flammable gases.

The deaths of numerous railroad workers and emergency responders in the 1970s spurred regulators and the industry to improve the safety of the pressurized tank cars used to transport “all kinds of exotic materials that cause battlefield-like damage,” NTSB official Edward Slattery told The Associated Press in 1978.

Six weeks after 16 people were killed in Waverly, Tenn., including the town’s police and fire chiefs, when a tank car filled with propane exploded following a train derailment, the NTSB convened an emergency hearing in Washington. Nearly 50 witnesses testified, including mayors, emergency responders, railroad executives, private citizens and a young state attorney general from Arkansas named Bill Clinton.

“Every month in which unprotected tank cars ride the rails increases the chances of another catastrophic hazardous-materials accident,” said James King, then the NTSB’s chairman, in opening the hearing on April 4, 1978.

By the early 1980s, pressurized cars were equipped with puncture-resistant shields, fire-resistant thermal insulation and devices to help the cars stay coupled in derailments, reducing the risk that they could strike and puncture each other.

An industry study found that the retrofits made a big difference within six years. Punctures of the car’s heads – the round shields at each end of the car – fell by 94 percent. Punctures in the car’s shell – its cylindrical body – fell 67 percent. Ruptures due to fire exposure fell by 93 percent.

Additional changes in railroad operating practices, track maintenance and training for emergency response personnel reduced the frequency and severity of accidents.

The non-pressurized DOT-111A, however, was left mostly unaltered. Upgrades probably weren’t necessary when the cars were carrying benign products such as corn syrup or vegetable oils, but regulators also allowed the cars to transport flammable and corrosive materials.

In accident after accident over the next three decades, the NTSB repeatedly referred to the cars’ shortcomings.

“The inadequacy of the protection provided by DOT-111A tank cars for certain dangerous products has been evident for many years,” the NTSB wrote the Federal Railroad Administration in a letter dated July 1, 1991.

Read more here: http://www.mcclatchydc.com/2014/01/27/215650/railroad-tank-car-safety-woes.html#storylink=cpy