Federal Railroad Administration’s Action Plan for the Safe Transportation of Energy Products (STEP)
In response to train accidents in the United States and Canada involving tank cars carrying crude oil, the U.S. Department of Transportation (DOT), including the Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA), continue to pursue a comprehensive, all-of-the-above approach in minimizing risk and ensuring the safe transport of crude oil by rail.
Over the past year, FRA and PHMSA have undertaken nearly two dozen actions to enhance the safe transport of crude oil. This comprehensive approach includes near and long-term steps such as: launching “Operation Classification” in the Bakken region to verify that crude oil is being properly classified; issuing safety advisories, alerts, emergency orders and regulatory updates; conducting special inspections; aggressively moving forward with a rulemaking to enhance tank car standards; and reaching agreement with railroad companies on a series of immediate voluntary actions including reducing speeds, increasing inspections, using new brake technology and investing in first responder training.
Here is a chronology of actions DOT, PHMSA and FRA have pursued over the past year(s):
April 17, 2015
FRA and PHMSA issued:
FRA Emergency Order No. 30, Notice No. 1: Establishing a Maximum Operating Speed of 40 mph in High-Threat Urban Areas for Certain Trains Transporting Large Quantities of Class 3 Flammable Liquids www.fra.dot.gov/eLib/Details/L16319
FRA/PHMSA Safety Advisory on Information Requirements Related to the Transportation of Trains Carrying Specified Volumes of Flammable Liquids: www.fra.dot.gov/eLib/Details/L16321
FRA Safety Advisory 2015-01: Mechanical Inspections and Wheel Impact Detector Standards for Trains Transporting Large Amounts of Class 3 Flammable Liquids www.fra.dot.gov/eLib/Details/L16322
Lower Speed Limits Part of U.S. Safety Proposal for Oil Trains
by Jim Snyder, April 17, 2015 10:00 AM PDT
Trains carrying crude oil will be restricted to a 40 mile-per-hour speed limit in populated areas such as New York under an order by the U.S. Department of Transportation in response to a series of derailments. Railroads voluntarily agreed to that speed limit in so-called High Threat Urban Areas, a designation that covers more than three dozen cities, including New York, Boston, Chicago and Washington. The emergency order issued Friday makes that agreement mandatory for all railroads hauling 20 or more tank cars linked together or 35 cars in total that are filled with oil or other flammable liquids. It applies to both older model DOT-111 tank cars and CPC-1232s the industry has been voluntarily building since 2011. “This order is necessary due to the recent occurrence of railroad accidents involving trains transporting petroleum crude oil and ethanol and the increasing reliance on railroads to transport voluminous amounts of those hazardous material in recent years,” the notice states. The White House Office of Management and Budget is reviewing a proposal from the Transportation Department that would require a more durable type of tank car be used to transport oil and other flammable liquids. That rule may be released next month. A draft of that rule calls for tank cars with a thicker steel shell, more robust top fittings and better brakes.
Quebec Disaster
Questions about the safety of the growing fleet of trains carrying oil arose after an unattended train broke from its moorings in 2013 and rolled into Lac-Megantic, Quebec, killing 47 people. This year, oil trains have derailed in Ontario and in West Virginia and Illinois, creating dramatic images of fireballs billowing from rumpled tank cars. The Transportation Department also issued a notice Friday to ensure railroads provide information to investigators after an accident within 90 minutes, including about the volatility of the oil being hauled and the type of rail car in the train. Investigators suspect an accident last month in Galena, Illinois, was related to a broken wheel, and in another step announced today, the Transportation Department recommended tighter standards for replacing wheels than the industry currently observes. Railroads should “provide special attention” to the condition of the tank cars they haul, the order states.
Rules on oil train, pipeline safety not moving fast enough, lawmakers say
By Curtis Tate, McClatchy Washington Bureau, April 14, 2015
A chorus of lawmakers expressed frustration Tuesday with the delays in approving and implementing various regulations related to the movement of hazardous materials by rail and pipeline.
The acting chiefs of two U.S. Department of Transportation agencies heard Republicans and Democrats in the House Transportation Committee complain that rules on railroad tank cars and oil and gas pipelines had been on the table for as long as four years.
“It’s just unacceptable,” said Rep. Michael Capuano, D-Mass., the ranking member of the Subcommittee on Railroads, Pipelines and Hazardous Materials.
Sarah Feinberg of the Federal Railroad Administration and Tim Butters of the Pipeline and Hazardous Materials Safety Administration noted that they have little choice but to work within a multi-step process that involves public comment, industry participation and multiple layers of review by the White House Office of Management and Budget.
“It’s not built for speed,” Feinberg testified. “I wish that it was.”
Butters said that his agency had received 30,000 comments on its proposed rule to improve the safety of oil trains. He said the agency needed to evaluate them as part of its process.
“We have to go through all of those,” he said. “And that takes time.”
But a series of train derailments and pipeline failures in recent years has caught the attention of members of Congress, who are hearing concerns from their constituents.
“That’s just an excuse,” said Rep. Jeff Denham, R-Calif., the panel’s chairman. “Four years is too long.”
Last week, Feinberg visited Denham’s district in Central California to discuss pending rules on the construction of tank cars used to carry flammable liquids, the way the trains are operated and the way the tracks are inspected and maintained.
She also visited the Sacramento-area district of Rep. John Garamendi, a Democrat who last month introduced legislation to regulate the volatility of crude oil loaded into tank cars. Texas and North Dakota, the nation’s leading oil producers, currently set such limits.
Garamendi proposed that the committee write the new rules into the larger surface transportation bill Congress needs to pass this year.
“We could write laws that protect the public,” he said. “Why don’t we do that?”
Acts of Congress don’t always make things go faster. In 2008, lawmakers mandated that railroads install a GPS-based collision-avoidance system called Positive Train Control by the end of 2015. But the nation’s freight and passenger railroads are likely to miss the Dec. 31 deadline.
Once the new oil train rules become final, it could take years to retrofit or replace tens of thousands of tank cars used to transport the country’s supply of crude oil and ethanol.
As a sign of how slowly the process moves, Capuano noted that BNSF, the nation’s biggest hauler of crude oil in trains, has gotten ahead of regulators by voluntarily lowering train speeds, increasing track inspections and encouraging shippers to use better tank cars.
“Whose butt do we have to kick?” he asked. “Whose budget do we have to cut? Whose budget do we have to enhance to make this work?”
Federal officials devise scenario involving a train explosion to prepare officials for the worst
By Russell Gold, April 13, 2015 7:54 p.m. ET
Oil trains traverse Jersey City, N.J., where officials are concerned about the potential for a spill. Photo: Joe Jackson/The Wall Street Journal
Imagine a mile-long train transporting crude oil derailing on an elevated track in Jersey City, N.J., across the street from senior citizen housing and 2 miles from the mouth of the Holland Tunnel to Manhattan.
The oil ignites, creating an intense explosion and a 300-foot fireball. The blast kills 87 people right away, and sends 500 more to the hospital with serious injuries. More than a dozen buildings are destroyed. A plume of thick black smoke spreads north to New York’s Westchester County.
This fictional—but, experts say, plausible—scenario was developed by the Federal Emergency Management Agency in one of the first efforts by the U.S. government to map out what an oil-train accident might look like in an urban area. Agency officials unveiled it as part of an exercise last month to help local firefighters and emergency workers prepare for the kind of crude-by-rail accident that until now has occurred mostly in rural locations.
“Our job is to design scenarios that push us to the limit, and very often push us to the point of failure so that we can identify where we need to improve,” said FEMA spokesman Rafael Lemaitre. He said a second planning exercise is scheduled in June in a suburban area of Wisconsin.
Jersey City’s mayor, Steven Fulop, said the drill showed participants that they need to improve regional communication to cope with an oil-train accident.
“It would be a catastrophic situation for any urban area and Jersey City is one of the most densely populated areas in the entire country,” he said.
Railroad records show that about 20 oil trains a week pass through the county that contains Jersey City, and Mr. Fulop said the trains use the elevated track studied in the FEMA exercise. Even more trains hauling crude pass through other cities, including Chicago, Philadelphia and Minneapolis.
Rail shipments of oil have expanded to almost 374 million barrels last year from 20 million barrels in 2010, according to the U.S. Energy Information Administration. Although low crude prices and safety issues have recently led to small declines in such traffic, trains carrying volatile oil from North Dakota and the Rocky Mountains continue to rumble toward refiners on the East, West and Gulf Coasts.
Edgardo Correa, of Jersey City, N.J., beneath railroad tracks that pass by his home. Photo: Joe Jackson/The Wall Street Journal
Several oil-train derailments have produced huge fireballs, including two in March in rural Illinois and Ontario. In 2013, a train carrying North Dakota crude derailed late at night in Lac-Megantic, Quebec, killing 47 people.
Regulators worry more about a serious accident in a densely populated area. “The derailment scenario FEMA developed is a very real possibility and a very real concern,” said Susan Lagana, a spokeswoman for the U.S. Department of Transportation. She said her agency was considering emergency orders to address such risks.
Firefighters at the FEMA workshop in Jersey City discussed the difficulty of battling a crude-oil fire, which can be explosive and hard to extinguish. One problem: limited supplies of the special foam required to smother the flames.
Jordan Zaretsky, a fire battalion chief in nearby Teaneck, N.J., who attended the presentation, said the scale of such an accident was sobering. “This isn’t a structural fire that we can knock down in an hour or two,” he said. “This is something we’d be dealing with for days.”
Ideas discussed at the workshop included devising a system to allow local officials to know when an oil train was passing through, developing public-service messages to tell residents what to do in case of a derailment and providing more firefighters with specialized training.
There have been many calls for changes to how crude oil is handled on the railroads, including new speed limits for trains and requirements to treat the crude oil to make it less volatile.
Earlier this month, the chairman of the National Transportation Safety Board urged the rail industry and federal regulators to move more swiftly to replace existing tank cars with ones that would better resist rupturing and fire.
A spokesman for the American Petroleum Institute, a trade group for oil producers, said the companies are committed to “greater efforts to prevent derailments through track maintenance and repair, upgrades to the tank car fleet, and giving first responders the knowledge and tools they need.”
The Association of American Railroads recognizes that “more has to be done to further advance the safe movement of this product,” a spokesman said.
FEMA chose for the location of the derailment scenario a stretch of track adjacent to the New Jersey Turnpike and about a mile from downtown Jersey City. One side of the track is industrial and includes an electric substation. The other side is residential.
Edgardo Correa, a 59-year-old retired sanitation worker, lives in a house close to the tracks in Jersey City. He said he was aware that trains full of crude pass by his home. “It’s an alarming thing,” he said.
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