Tag Archives: Train speed

Bakken Crude, Cleanup funding, Crude By Rail, Derailment, Environmental Impacts, Explosion, Federal Regulation (U.S.), Fire, Hazmat notification, High threat urban areas, Oil spill, Public Health, Rail Safety, Tank car retirement, Tank car retrofit, Tar sands crude, Train speed, Water contamination

Riverkeeper sues U.S. DOT over oil train safety rules

Repost from The Times Union, State College, PA
[Editor: Note that this is a new filing, closely following the filing of May 14 by a coalition of environmental groups.  – RS]

Riverkeeper sues U.S. DOT over oil train safety rules

By Brian Nearing, May 18, 2015

The Hudson River environmental advocacy group Riverkeeper is challenging new U.S. Department of Transportation crude-by-rail standards in federal court, saying that they fail to protect the public and the environment from proven threats, according to a statement issued Monday.

The release states: Riverkeeper filed its lawsuit in the 2nd Circuit Court of Appeals in New York City on May 15, a little more than a week after the DOT issued a final tank car and railroad operation rule which had been the subject of scrutiny and controversy since its proposal in 2014. The suit closely follows another filed in the 9th Circuit Court of Appeals by a coalition of conservation and citizen groups that includes Earthjustice, Waterkeeper Alliance, ForestEthics and the Sierra Club.

The Hudson River and the Greater New York/New Jersey region, a thoroughfare for up to 25 percent of all crude shipments originating in the Bakken shale oil region, faces a daily risk of spills and explosions that could devastate communities, local economies, drinking water security, and the environment.

“These seriously flawed standards all but guarantee that there will be more explosive derailments, leaving people and the environment at grave risk,” Riverkeeper President Paul Gallay said. “The shortcomings are numerous, including an inadequate speed limit, unprotective tank car design, and time line that would allow these dangerous tank cars 10 more years on the rails. The DOT completely fails to recognize that we’re in the middle of a crisis – we don’t need bureaucratic half measures that are years away from implementation, we need common-sense protections today.”

Just this month, tank cars laden with crude oil derailed and exploded in Heimdal, North Dakota. Under the new DOT standards, the same type of cars that exploded in that disaster could stay in service hauling volatile crude oil for another five to eight years, or even indefinitely if they are used for tar sands.

Over the past several years, a series of fiery derailments, toxic spills, and explosions involving volatile crude and ethanol rail transport has caused billions in damages across North America. Crude-by-rail accidents threaten irreversible damage to waterways, many of which, like the Hudson River, serve as the source of drinking water for tens of thousands of people. This year alone,six oil-by-rail shipments have caught fire and exploded in North America. In July 2013, a derailment in Lac-Mégantic, Quebec, killed 47 people. The total liabilities for that rail disaster could easily reach $2.7 billion over the next decade.

Here are some of the ways the new safety standards fail to protect people and the environment:

• Hazardous cars carrying volatile crude oil can remain in service for up to 10 years.

• The rule rolls back public notification requirements, leaving communities and first responders in the dark about explosive crude oil tank cars rumbling through their towns.

• While new tank cars will require thicker shells to mitigate punctures and leaks, retrofit tank cars will be allowed to stay in use with a less protective design standard.

• Speed limits have been restricted only for “high threat urban areas,” but only two areas in New York have received that designation, Buffalo and New York City.

• The “high threat” category relates to cities seen as vulnerable to terrorist attacks by the Department of Homeland Security. It is unrelated to actual risks posed by crude-by-rail.

CPC-1232, Crude By Rail, DOT-111, Federal Regulation (U.S.), Hazmat notification, High Hazard Flammable Trains (HHFTs), Tank car retirement, Tank car retrofit, Train length, Train speed

Groups Sue Obama Administration Over Weak Tank Car Standards

Press Release from ForestEthics

Groups Sue Obama Administration Over Weak Tank Car Standards

The new safety standards issued by the Department of Transportation take too long to get dangerous tank cars off the tracks and contain loopholes that leave too many vulnerable
May 14, 2015, Eddie Scher, ForestEthics, (415) 815-7027, eddie@forestethics.org

San Francisco – In the wake of a spate of fiery derailments and toxic spills involving trains hauling volatile crude oil, a coalition of conservation organizations and citizen groups are challenging the U.S. Department of Transportation’s (DOT) weak safety standards for oil trains. Less than a week after the DOT released its final tank car safety rule on May 1, a train carrying crude oil exploded outside of Heimdal, North Dakota. Under the current standards, the tank cars involved in the accident would not be retired from crude oil shipping or retrofitted for another 5 to 8 years.

Earthjustice has filed suit in the 9th Circuit challenging the rule on behalf of ForestEthics, Sierra Club, Waterkeeper Alliance, Washington Environmental Council, Friends of the Columbia Gorge, Spokane Riverkeeper, and the Center for Biological Diversity.

“The Department of Transportation’s weak oil train standard just blew up in its face on the plains of North Dakota last week,” said Patti Goldman, Earthjustice attorney. “Pleas from the public, reinforced by the National Transportation Safety Board, to stop hauling explosive crude in these tank cars have fallen on deaf ears, leaving people across the country vulnerable to catastrophic accidents.”

Rather than immediately banning the most dangerous tank cars — DOT-111s and CPC-1232s — that are now used every day to transport volatile Bakken and tar sands crude oil, the new standards call for a 10-year phase out. Even then the standard will allow smaller trains — up to 35 loaded tank cars in a train — to continue to use the unsafe tank cars.

The new rule fails to protect people and communities in several major ways:

• The rule leaves hazardous cars carrying volatile crude oil on the tracks for up to 10 years.

• The rule has gutted public notification requirements, leaving communities and emergency responders in the dark about the oil trains and explosive crude oil rumbling through their towns and cities.

• New cars will require thicker shells to reduce punctures and leaks, but retrofit cars are subject to a less protective standard.

• The standard doesn’t impose adequate speed limits to ensure that oil trains run at safe speeds. Speed limits have been set for “high threat urban areas,” but very few cities have received that designation.

Click here for a close analysis of the hidden dangers buried in the federal tank car rule

“Explosive oil trains present real and imminent danger, and protecting the public and waterways requires an aggressive regulatory response,” said Marc Yaggi, Executive Director of Waterkeeper Alliance. “Instead, the Department of Transportation has finalized an inadequate rule that clearly was influenced by industry and will not prevent more explosions and fires in our communities. We hope our challenge will result in a rule that puts the safety of people and their waterways first.”

“We’re suing the administration because these rules won’t protect the 25 million Americans living in the oil train blast zone,” says Todd Paglia, ForestEthics Executive Director. “Let’s start with common sense – speed limits that are good for some cities are good for all communities, 10 years is too long to wait for improved tank cars, and emergency responders need to know where and when these dangerous trains are running by our homes and schools.”

LEGAL DOCUMENT: http://earthjustice.org/documents/legal-document/petition-for-review-groups-sue-obama-administration-over-weak-tank-car-standards 

BACKGROUND:

The National Transportation Safety Board has repeatedly found that the DOT-111 tank cars are prone to puncture on impact, spilling oil and often triggering destructive fires and explosions. The Safety Board has made official recommendations to stop shipping crude oil in these hazardous tank cars, but the federal regulators have not heeded these pleas. Recent derailments and explosions have made clear that newer tank cars, known as CPC-1232s, are not significantly safer, and the Safety Board has called for a ban on shipping hazardous fuels in these cars as well.

The recent surge in U.S. and Canadian oil production, much of it from Bakken shale and Alberta tar sands, led to a more than 4,000 percent increase in crude oil shipped by rail from 2008 to 2013, primarily in trains with 100 to 120 oil cars that can be over 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 in 2013 than in the 38 years from 1975 to 2012 combined.

ForestEthics calculates that 25 million Americans live in the dangerous blast zone along the nation’s rail lines.

REPORTER RESOURCES:

Q&A: The Challenge To The Federal Tank Car Standards

Map: Crude By Rail Across the United States

Quote Sheet By Officials On The Dangers of Shipping Bakken Crude in Hazardous Tank Cars

ForestEthics Map: Oil Train Blast Zone

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Bakken Crude, Crude By Rail, Derailment, Explosion, Fire, North Dakota Industrial Commission, Oil conditioning, State regulation, Train speed, Volatility

Oil in North Dakota derailment was “Conditioned” but not “Stabilized”

Repost rom ABC News
[Editor:  Note that the oil was CONDITIONED according to North Dakota regulations, but it was not STABILIZED which is a stricter standard currently used elsewhere.  (See The difference between oil “conditioning” and oil “stabilization”.)  The vapor pressure of oil on this train was measured at 10.8 psi. Compare this with DeSmogBlog: “…regular crude oil has a Reid Vapor Pressure (RVP) of 5-7 psi and Bakken crude has an RVP between 8-16 psi. To put that in perspective, gasoline typically has a RVP of 9 psi.”  Note also: “The North Dakota train was traveling 24 miles an hour…much slower than the 50 mph limit imposed by federal regulators.”  – RS]

Oil in North Dakota Derailment Was Treated to Cut Volatility

By Matthew Brown and Blake Nicholson, Associated Press, May 7, 2015, 7:09 PM ET

BISMARCK, N.D. — A shipment of oil involved in an explosive train derailment in North Dakota had been treated to reduce its volatility — a move that state officials suggested could have reduced the severity of the accident but won’t prevent others from occurring.

Hess Corporation spokesman John Roper said the oil complied with a state order requiring propane, butane and other volatile gases to be stripped out of crude before it’s transported. That conditioning process lowers the vapor pressure of the oil, reducing the chances of an explosive ignition during a crash.

Despite the treatment of the crude in Wednesday’s accident, six cars carrying a combined 180,000 gallons of oil caught fire in the derailment 2 miles from the town of small Heimdal in central North Dakota. The town was evacuated but no one was hurt.

Investigators on Thursday recovered wheel fragments from the scene. Those will be sent to a government laboratory for analysis, said National Transportation Safety Board spokesman Keith Holloway. A defective tank car wheel is suspected to have played a role in another oil train accident, in Galena, Illinois, on March 10.

The North Dakota train was traveling 24 miles an hour, Holloway said, much slower than the 50 mph limit imposed by federal regulators.

The state volatility standard went into effect last month. It came in response to a string of fiery oil train accidents, including a 2013 derailment in Lac-Megantic, Quebec that killed 47 people and a derailment and fire near Casselton, North Dakota last year.

Members of Congress have called for a stricter, national volatility standard for crude moved by rail.

Roper said the Hess shipment was “fully in compliant with North Dakota’s crude conditioning order.” It was tested immediately prior to loading onto a BNSF Railway train in Tioga and had a vapor pressure of 10.8 pounds per square inch — compared to the 13.7 pounds per square inch maximum under the state standard.

Reducing the explosiveness of crude moved by rail was not supposed to be a cure-all. Federal regulators last week announced a new rule that calls for stronger tank cars better able to withstand a derailment and more advanced braking systems to help keep fuel-carrying cars on the tracks.

“Our oil conditioning order in no way will prevent an accident,” said Alison Ritter with the North Dakota Industrial Commission, which set the vapor pressure standard. “Oil is still going to burn. That’s why the oil was produced. But it’s not as explosive.”

The first witness on the scene Wednesday, 68-year-old Heimdal resident Curt Benson, said he heard and felt an explosion in his house and then witnessed three or four more explosions when he got to the scene. He said it was nowhere near the magnitude of the Casselton explosions, which he saw on television footage.

“I would say that ours was somewhat minor compared to theirs,” Benson said.

Casselton Fire Chief Tim McLean said the disaster outside of that city appeared much worse than the Heimdal incident, but there were other factors to consider than just the volatility of the oil. The Casselton derailment involved more than twice the amount of crude and different kinds of tanker cars, he said. Another freight train, carrying soybeans, also was involved in Casselton and provided more fuel for the fire.

Democrats in Congress contend more needs to be done to reduce the danger of oil shipments by rail that pass through more than 400 counties including major metropolitan areas such as Seattle, Chicago and Philadelphia. Most of that oil comes from the Bakken region of North Dakota, Montana and Canada.

“Why do we let trains with this volatility pass through every day? Why are we letting these guys get away with that?” U.S. Sen. Maria Cantwell, a Washington state Democrat, said in an interview last week after federal regulators unveiled the braking and tank car rule.

BNSF vice president Mike Trevino did not immediately know how much of the oil in Heimdal burned, how much spilled and how much was left in the cars after the fire was extinguished.

The railway was working to remove the derailed cars and repair the track Thursday. It planned to re-open the line Friday afternoon, Trevino said.

The line runs next to an intermittent waterway known as the Big Slough, which drains into the James River about 15 miles downstream. Oil got into the slough, but it was contained and was being recovered, state Emergency Services spokeswoman Cecily Fong said early Thursday.

The tank cars that burst into flames were a model slated to be phased out or retrofitted by 2020 under a federal rule announced last week. It’s the fifth fiery accident since February involving that type of tank car, and industry critics called for them to be taken off the tracks immediately to prevent further fires.

For residents of Heimdal and surrounding Wells County, which oil trains cross daily, the disaster was the realization of something they always feared might happen, County Commission Chairman Mark Schmitz said.

“It’s definitely been in the back of everybody’s minds,” he said.

———

Brown reported from Billings, Montana.
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: