Tag Archives: U.S. Department of Transportation (DOT)

BNSF: if you live in a city of 100,000 or more, you might be just a TINY BIT safer – others, not so lucky

Repost from WDAZ TV, Grand Forks ND
[Editor:  By announcing these measures, BNSF is trying to put a happy face on continuing potential for train catastrophes.  These measures won’t help much, and notice they still are expecting an oil industry  “phase-out” of DOT-111 cars rather than an immediate ban.  – RS]

BNSF trains slow down: Railway announces plans to improve safety measures for oil shipments

By April Baumgarten / Forum News Service, Mar 29, 2015 at 11:32 a.m.
WDAZvideo2
Click to visit WDAZ for 30-second news clip

Bismarck, ND (Forum News Service) – One of the top rail companies in the U.S. has announced steps to improve rail safety in North Dakota.

BNSF Railway Executive Chairman Matt Rose outlined plans recently with Gov. Jack Dalrymple to implement additional measures throughout the company’s national rail system. BNSF also informed its customers on Friday about the safety measures, according to a news release.

“Railroad operations, equipment and maintenance are critical elements in our overall goal to improve rail safety, and I commend BNSF for taking these significant steps,” Dalrymple wrote in the release. “At the same time, we must move forward on other important aspects of rail safety including the need for new federal tank car standards and greater pipeline capacity.”

BNSF began a move Wednesday to have all of its oil trains reduce speeds to 35 mph through all municipalities with 100,000 or more residents. The speed reduction is temporarily in place until its customers phase out DOT-111 tanks cars from service, BNSF spokesman Mike Trevino said Saturday. Phasing out of the older cars, which will be replaced by CPC-1232 railcars to meet federal safety standards, is expected to begin in May, and BNSF hopes to complete the process by the end of the year. When that happens, BNSF will reconsider the speeds.

The shipping companies, not BNSF, own the cars, so the railway company has to wait on its customers to make the transition to the newer cars. The move was a voluntary part of an agreement with the U.S. Department of Transportation, Trevino said.

“What we want to do is do what we can to improve the safety of our operation,” he said. “What we can do is slow those trains down in larger communities.”

Rep. Corey Mock, D-Grand Forks, said it was good to see BNSF taking proactive action to address railroad and safety weaknesses, though there are other measures he would like to see rail companies consider.

“I think many of our rural communities would also argue that their lives are no less at risk,” he said.

The only city in North Dakota that would fall under the reduced-speed measure is Fargo. The state’s largest city had an estimated population of about 113,700 people in 2013, according to the U.S. Census. Bismarck, the second largest city, had 67,000. Grand Forks, which is a collector for train traffic at its switch station, was home to about 55,000 residents.

“That doesn’t do a whole lot to secure our other communities,” Mock said.

Slowing the trains down in all communities would reduce the amount of product BNSF could ship and would burn up time, Trevino said. It would also impact trains hauling other commodities, such as grain or anhydrous ammonia. He added the measures go beyond the federal standard.

“If you slow those trains all around the network, then that (network) becomes as fast as that train,” he said.

Residents in Grand Forks feel uneasy when they see the “iconic-black, cylindrical tanks,” Mock said. Fortunately, Grand Forks has a train junction for switching lines, and many trains are coming through at a slow speed, meaning risk of a derailment is greater in cities where trains are traveling at higher speeds.

Still, residents are still curious and ask, “what if.”

“When a person sees a train rolling through town that has those iconic-black tanks running a mile long, there is a little apprehension,” he said.

Rep. Andrew Maragos, R-Minot, said he was pleased when progress is made, adding he is comfortable with the governor’s response.

“If he feels the railroads are taking positive steps, that’s always good,” Maragos said.

Trevino said BNSF has also increased rail detection testing frequencies 2 ½ times federal standards, which tests the quality of the rail. It has also reduced tolerance for removing a car from a train for a potential defect, meaning the bar is set higher for a car’s quality and safety features.

For example, if a wheel is defective, it may be removed from the train immediately.

Previous derailments

Both North Dakota and rail companies have come under fire after several oil trains have derailed across Northern America, the most infamous being the Lac-Megantic, Quebec, derailment in July 2013. A runaway Montreal, Maine and Atlantic Railway train carrying Bakken crude went off the tracks and exploded, killing 47 people and destroying the center of the city.

Closer to home, a BNSF train carrying crude hit a derailed grain train in December 2013 near Casselton, forcing it off the tracks and resulting in a fiery explosion. No injuries or deaths were reported, though a temporary evacuation was put into place. It was the fifth derailment near the city in 10 years, and another BNSF train with lumber and empty crude cars derailed in November.

Both trains used DOT-111 cars.

More recently, a CSX Corp. train derailed Feb. 16 near Mount Carbon, W. Va. Two Canadian National Railway Co. trains derailed in Ontario between February and March.

As a result, both Canada and the U.S. have looked into implementing measures to prevent disasters. The Pipeline and Hazardous Materials Safety Administration issued orders to phase out the DOT-111 cars. While that is not expected to occur until May, Dalrymple urged U.S. Transportation Secretary Anthony Foxx in a recent phone call to issue the new tank standards “as soon as possible,” according to the release. Dalrymple also told Foxx that pipelines offer the safest mode of transporting crude oil to market.

Action in North Dakota

North Dakota has also attempted to tame the flames. The state Industrial Commission unanimously approved a requirement for all oil producers to install and utilize oil-conditioning equipment to reduce the volatility of Bakken crude. The order would bring the vapor pressure of every barrel of oil produced in North Dakota under 13.7 pound per square inch before it is shipped. Crude producers must comply starting Wednesday.

Dalrymple and the Public Service Commission have also proposed a state-run railroad safety program and pipeline integrity program “that would complement federal oversight in North Dakota,” according to the release. The proposal would cost North Dakota $1.4 million for three position to inspect railroad tracks. Another three state employees would inspect pipelines that transport oil and other liquids to market.

Dalrymple’s release also comes the same week the North Dakota House voted down legislation requiring the state Department of Transportation to report on rail safety issues to a legislative committee. Senate Bill 2293, sponsored by Sen. George B. Sinner, D-Fargo, proposed spending $6 million every two years to carry out committee recommendations, but was criticized by Republicans because was “an unnecessary, duplicative requirement” since DOT already conducts studies, Rep. Dan Ruby, R-Minot, told Forum News Service this week.

The House voted down the bill 34-55 on Monday. Mock was disappointed with the bill’s failure, stating it was “incredibly shortsighted for the Legislature to fail that measure.”

“The legislators owe it to the people back home to get these reports on a more timely basis — find out what companies, like BNSF, are doing and make sure we are updated on the progress of railroad safety enhancements.” he said.

Sinner said the release is likely a response to the press coverage of SB 2293’s failure, and voting the bill down was political. While North Dakota has started to address the issues, Sinner said the state needs to do more.

He pointed out that all the legislators that voted against the bill were Republican.

“(The Republicans) have not offered one bill on rail safety this Legislature,” he said. “We need to have a bipartisan effort on this issue. This issue is too important.”

Maragos, who also supported the bill, said the state is addressing safety issues as they come to light. While it was hard for him to say if what leaders are doing is enough, he feels the state is doing everything it can to prevent accidents.

“For some people, it is never enough,” he said. “For others, it’s pushing too hard.”

He added: “When we see that isn’t enough, we’ll just move in to improve or strengthen the policies.”

Making rail safety a priority

BNSF plans to invest more than $335 million in track maintenance and capital improvement projects in North Dakota this year, including in Dickinson, Jamestown, Devils Lake and Hillsboro.

There are many products that are shipped from the state across the continent, Mock said, and other states are looking to North Dakota for assurance that cargo is packaged correctly.

He pointed to a derailment in Minot, where a Canadian Pacific train carrying anhydrous ammonia derailed on Jan. 18, 2002. The incident released approximately 146,700 gallons of anhydrous, and a poisonous gas cloud hovered over the city, causing the death of at least one person and injuring more than 322 people, according to the National Transportation Safety Board report. The disaster also prompted an evacuation and caused more than $10 million in damages and environmental remediation.

Mock said had he not been allowed to leave work an hour early due to a slow night, he would have been caught in the fumes.

“Railroad safety is not just a Bakken crude issue,” he said. “The one state that should be taking railroad safety the most seriously is North Dakota, because our reputation is on the line.”

Like residents across the state, Mock would like to see more done. Railroad safety is a comprehensive issue that requires realistic standards, he said.

About 90 percent of North Dakota’s exports go out on rail, Sinner said. If a train carrying cargo from the state has an accident that could have been prevented, North Dakota’s industries will be affected, he added.

“The economic security of this state relies on the rail industry,” he said.

Maragos said the railroad companies are doing what they can to improve safety.

“With the amount of rail traffic and understanding that mechanical things break, even (BNSF), which is moving most of the oil, I think they are very sensitive to it, and I think they’re the best job they can in addressing safety concerns,” he said.

Trevino concurred, stating BNSF is doing everything it can to keep communities and its employees safe.

“We understand how to run our railroad,” he said. “We understand better than anyone the kinds of steps that can be taken to prevent loss, to mitigate potential loss, should an event occur, and respond to an event.”

Though Sinner is not sure to what extent, he said he plans to follow the issue closely and find ways to improve railroad safety.

“We need to do something with the increase in rail traffic and trains traveling around our state,” he said. “We need to make sure rail safety is a real priority.”

The Press was unable to contact Dalrymple on Saturday.

Federal Railroad Administrator on newer tank car: “It’s a Pinto with a better bumper instead of just a Pinto”

Repost from PRI’s Living On Earth, Environmental News Magazine
[Editor:  An important interview.  See full transcript below and good links below the transcript.  Click here for audio.  – RS]

Oil Train Safety Off Track

Steve Curwood, Air Date: Week of March 20, 2015
Five oil train derailments in five weeks–some with dangerous fiery consequences. (Photo: Wikimedia Commons)

In the past five weeks, there have been 5 oil train derailments resulting in large fireballs, and more oil was spilled in 2014 than in the last 38 years combined. Steve Kretzmann, Director and Founder of Oil Change International, and Sarah Feinberg, Acting Administrator of the Federal Railroad Administration, discuss rail safety with host Steve Curwood and offer different solutions to this multifaceted problem.

Transcript

CURWOOD: From the Jennifer and Ted Stanley Studios in Boston and PRI, this is Living on Earth. I’m Steve Curwood. At 12 million barrels a day, the US is the world’s leading oil producer, with much of the boost due to fracking technology. With pipelines at capacity the boom has led a 4,000 percent increase in the volume of crude oil that travels by rail, and that brought more accidents and more oil spills in 2014 than over the previous 38 years. Just these past five weeks brought five more derailments, with huge fires and polluted waterways, and some critics say new rail safety rules on the drawing boards won’t go far enough to protect the public or the environment. Steve Kretzmann is Executive Director and Founder of Oil Change International. Welcome to Living on Earth, Steve.

KRETZMANN: Thanks so much for having me here, Steve. It’s great to be back.

CURWOOD: Now, what we are seeing is a lot of crashes and explosions. What’s happening?

KRETZMANN: So we’re seeing, unfortunately, a very visible result of the ‘all of above’ energy policy, playing out with great risks to our communities around North America on a whole. The Bakken oil is very light oil, and it’s very explosive, it turns out, and people have known this, but it hasn’t really stopped them from shipping it via rail. And it’s also worth noting that because that oil is light oil, that’s mixed in with tar sands to form diluted bitumen, which is usually the way tar sands get to market, we’re also seeing tar sands trains now explode, and so they’re just trying to get as much out as fast as they can and maximize their profit. And as we know, the oil market is flooded with crude now and effectively we’re subsidizing that with our safety in our communities and our lives.

CURWOOD: Now, in Texas where there’s a fair amount of fracking for oil, there are machines that remove the most volatile portion, the most explosive part of fracked oil before it is shipped, but in North Dakota it is not. Why this discrepancy? Why don’t they make this safety precaution in North Dakota?

KRETZMANN: Well, it’s about profit, it’s about investment and infrastructure by the industry, so the production in Texas is very close to markets and so when they invest in the infrastructure to remove the lighter petroleum product – natural gas among other things – they can then sell that oil because they can put in the pipelines. On the other hand, North Dakota does not have those gas pipelines and the infrastructure is not there to capture it and so their options are burn it or try to force it into the tank car, which is what they’re doing. There are new regulations that are supposed to take effect from North Dakota that will reduce the amount that they can squeeze in there on a regular basis, but it’s not clear that the regulation is in line with what will actually create a safe car. It’s just slightly less than they’ve been able to get away with.

Older DOT 111 cars usually do not fair well in crashes, even at low speeds. (Photo: Robert Taylor; Flickr Wikimedia Commons CC BY 2.0)

CURWOOD: Talk to me about the new tanker safety rules and how effective they might be in preventing the kind of explosions we’ve seen on oil train derailments.

KRETZMANN: So it’s not clear what the new rules are going to be. There are the North Dakota rules which are a slight reduction in vapor pressure, and then there are the federal rules, which are under consideration by the Obama administration, and we’re going to see another draft of those supposedly within the next month. But there are very different options that they can take. They could build thicker-walled oiled trains, they could require that, but the oil industry doesn’t like that because it costs them more money. They could install electronically controlled pneumatic brakes on the railcars, but the rail industry doesn’t like that because it costs them too much money. One of the most effective things they could do is introduce a very serious speed limit. The DOT 111s, the old cars, still make up the majority of the crude by rail fleet; they’ve been shown to explode at seven miles an hour. The 1232s, which are the newer supposedly safer cars, but are the ones that have been involved in each one of these accidents recently, have been shown to explode at 15 miles an hour. So, we say you should put in serious restrictions here: all new cars, speed limits at 15 or below, particularly in populated areas. You know the industry gets very upset about that and says, “oh my God, that would mean we would have to stop production”. And you know, the point is “yes”, maybe actually reducing some production in the name of public safety is worth it here.

Steve Kretzmann is the Founder and Executive Director of Oil Change International. (Photo: courtesy of Mr. Kretzmann)

CURWOOD: So you mentioned that communities are at risk from these crude oil trains. What ones come to mind for you?

KRETZMANN: So when you look at the map of where crude oil trains are going around the United States, it’s very clear you start looking at the routes: Minneapolis, Chicago, St. Louis, New York, Philadelphia, Cleveland, Detroit. All these cities have crude by rail trains, these bomb trains running right through them. 25 million Americans live within the blast zone here and it’s sadly not a question of if but when one of these explosions is going to result in a tremendous tragedy. We have the opportunity to slow this down and put a moratorium in place before this happens and we should take it.

CURWOOD: That was Steve Kretzmann of Oil Change International. Well, a moratorium on oil transport by rail is unlikely, and the Obama Administration has yet to issue new rules, even after two years of work. So in the face of the recent accidents it’s issued some emergency rules and here to explain is Sarah Feinberg the Acting Administrator for the Federal Railroad Administration. Welcome to the program.

FEINBERG: Thank you for having me.

CURWOOD: So what do you have in place now in terms of emergency regulations then, emergency rules?

FEINBERG: Well, we have a lot. We have a requirement of railroads to share information about the product that’s being transported with emergency responders in each state. We have an emergency order that’s in place regarding testing and making sure that the right tank car and right packaging is being used for each product. Over the course of a year and a half that I’ve worked on this issue, we were enforcing against violations for not testing the product properly, not packing it in the right container, not handling it the right way, not sharing information about it. I’m not saying things are in a good place now, they certainly aren’t. We’ve got a long way to go, but when I think back to where we were a year and a half ago, it’s amazing to me we’re actually having a conversation about testing then.

A DOT-111 tank car with an insulating jacket and external heating coils can hold 20,000 gallons of crude. (Photo: National Transportation Safety Board; Wikimedia Commons)

CURWOOD: Now, not long ago there was a dramatic explosive derailment in West Virginia that involved the new kinds of cars, the supposedly safer cars, and some folks are saying that apparently having those cars aren’t safe enough. What you say?

FEINBERG: Well, it’s really important to understand the different kinds of cars that are out there. The one we hear about a lot is the DOT 111. That is the older tank car; I think everyone agrees across the board that tank car is certainly outdated. It’s not safe enough to hold this product or others. Industry on its own a few years ago came up with their own version of a tank car that’s called the 1232. While it is a better tank car, and it’s a newer version of a tank car, one person on my team once referred to the 1232 as the .111 with a five-mile per hour bumper on it. So it’s a Pinto with a better bumper instead of just a Pinto. The other most important thing to think about is that all 1232s are not the same. They didn’t have all the safety components that they could have had. They didn’t have a jacket; they didn’t have a thermal shield. These are important components to keep a tank car from basically experiencing the thermal events that create fireballs.

CURWOOD: No matter what kind of car it is, they’re going off the rails. Some folks say that the trains are just simply traveling too fast.

FEINBERG: Look, I mean speed should be a factor, but the reality of is that in all of these derailments, they’ve been very low speed. In fact, the agreements that we have in place with the railroads limit speed at 40 miles an hour. We’re now in a position where we’ve got railroads functioning below the maximum speed and we are still running into problems. There is not a tank car at this moment or even the new version of the tank car we’ve proposed that will survive a derailment above, say, 16 or 18 miles an hour. So that’s one of the reasons why this issue is so complicated. There is literally not a silver bullet. It’s not speed, it’s not a particular tank car, its not the way the train is operated. It’s all of the above and it needs to include, frankly, the product itself that’s being placed in the transport, the product that’s leaving the Bakken and heading to the refinery.

CURWOOD: How safe is it to allow such volatile fuel to be transported on rails?

Sarah Feinberg is the Acting Administrator of the Federal Railroad Administration. (Photo: FRA)

FEINBERG: I mean, if I have to be honest, I would prefer that none of this stuff be traveling by rail. I worry a lot about not just the folks who are working on the train and the passengers on the Amtrak that the train is going by, but I worry a lot about the people living in the towns and working in the towns that these trains are going through. Now, we have some routing protocols in place. There is a whole software system that the railroads use when they are trying to determine the right route for a substance like this, so it looks at things like city size, it looks at possible defects on rail, it looks at weather, it looks at speed, it looks at traffic, it looks at all of those factors and it basically spits out the best route for you to take.

CURWOOD: Industry a few days ago went over to the Office of Management and Budget, the folks who review the rule-making there inside of the OMB, and made a lot of complaints about the proposal to have this updated form of braking, they say it won’t have more significant safety benefits, it won’t have much in the way of business benefits and be extremely costly. Sounds like industry is pushing back against getting this stuff under control. Your take?

FEINBERG: Yeah, sure. And I expect that. Look, OMB meets with industry, yet the FRA is required to meet with all interested parties as well. So, as many meetings as I did with industry, I think we all did with the environmental community, small-town mayors, governors and interested members of Congress. So there are a whole lot of folks with a dog in this fight and they all want to talk to the regulator and they all want to talk to the Office of Management and Budget to affect the outcome of the rule. I think at the end of the day it’s OMB’s job and it’s FRA’s job to come up with the best possible rule that we can that will actually address the challenge. To be clear, that’s not an easy thing to do right now. It’s a bit amazing at this point you can take a common sense safety measure and watch the amount of time that it can actually take to turn into a regulation, but you know that’s my frustration, that’s our problem and our issue to deal with, and the main thing is we should just be keeping people safe.

CURWOOD: Sarah Feinberg is the Acting Administrator for the Federal Railroad Administration. Thanks so much for taking the time today.

FEINBERG: Thanks for having me.

CURWOOD: We asked the Association of American Railroads for comment on the proposed new regulations.

Spokesman Ed Greenberg’s reply is posted in full at our website, LOE.org.

It reads, in part: “America’s rail industry believes final regulations on new tank car standards by the federal government would provide certainty for the freight rail industry and shippers and chart a new course in the safe movement of crude oil by rail.”

Coming up…the power of labor allied with environmental activists. Stay tuned to Living on Earth.

The Association of American Railroads comment:

“The safety of the nation’s 140,000-mile system is a priority of every railroad that moves the country’s economy and the freight rail industry shares the public’s concern over recent high-profile incidents involving crude oil. This is a complex issue and a shared responsibility with freight railroads and oil shippers, which are responsible for properly classifying tank car contents, working together at further advancing the safe movement of this product.

The fact is, safety is built into every aspect of the freight rail industry, it is embedded through-out train operations and a 24/7 focus for thousands of men & women railroaders. Billions of private dollars are spent on maintaining and modernizing the freight rail system in this country. Since 1980, $575 billion has been spent on safety enhancing rail infrastructure and equipment with another $29 billion, or $80 million a day, planned for 2015.

Railroads have done top-to-bottom operational reviews and voluntarily took a number of steps to further improve the safety of moving crude oil by rail. Actions have included implementing lower speeds, increasing track inspections and track-side safety technology, as well as stepping up outreach and training for first responders in communities along America’s rail network.

Federal statistics show rail safety has dramatically improved over the last several decades with 2014 being the safest year in the history of the rail industry. More than 2 million trains move across our country every year hauling everything Americans want in their personal and business lives with 99.995 percent of cars containing crude oil arriving safely. That said, the freight rail industry recognizes more has to be done to make rail transportation even safer.

Freight railroads do not own or manufacture the tank cars carrying crude oil. Still, the freight rail system has long advocated for tougher federal tank car rules and believe that every tank car moving crude oil today should be phased out or built to a higher standard. We support an aggressive tank car retrofit or replacement program.

America’s rail industry believes final regulations on new tank car standards by the federal government would provide certainty for the freight rail industry and shippers and chart a new course in the safe movement of crude oil by rail.”

Links

Future Blast Zones? How Crude-By-Rail Puts U.S. Communities At Risk

Repost from teleSUR

Future Blast Zones? How Crude-By-Rail Puts U.S. Communities At Risk

By Steve Early, March 23, 2015
Smoke rises from derailed train cars in western Alabama on Nov. 8, 2013.
Smoke rises from derailed train cars in western Alabama on Nov. 8, 2013. | Photo: Reuters

The transport of petroleum via rail is now a well-known and unwelcome sight in many other U.S. communities. Its long distance rail transport has resulted in five major train fires and explosions in the last 16 months alone.

Richmond, California began life more than a century ago as a sleepy little railroad town. It was the second place on the eastern shore of San Francisco Bay where a transcontinental rail line connected with ferries, to transport freight and passengers to San Francisco. Now a diverse industrial city of 100,000, Richmond is still crisscrossed with tracks, both main lines and shorter ones, serving its deep-water port, huge Chevron oil refinery, and other local businesses.

Trains just arriving or being readied for their next trip, move in and out of a sprawling Burlington Northern Santa Fe (BNSF) rail yard located right next to the oldest part of town. Some train formations are more than 100 cars long. The traffic stalls they create on nearby streets and related use of loud horns, both day and night, have long been a source of neighborhood complaints. Persistent city hall pressure has succeeded in cutting horn blasts by about 1,000 a day, through the creation of several dozen much appreciated “quiet zones.” No other municipality in California has established so many, but only after many years of wrestling with the industry.

Despite progress on the noise front, many trackside residents continue to experience “quality of life” problems related to the air they breath. Some of their complaints arise from Richmond’s role as a transfer point for coal and petroleum coke (aka “pet coke”) being exported to Asia. As one Richmond official explained at a community meeting in March, these “climate wrecking materials” wend their way through the city in open cars—leaving, in their wake, houses, backyards, and even parked cars covered with a thick film of grimy, coal dust. Coal train fall-out has become so noisome in Richmond that its seven-member city council—now dominated by environmental activists— wants the Bay Area Air Quality Management District (BAAQMD) to mandate the use of enclosed cars.

This would seem to be a no-brainer, public health-wise.  But the track record of this particular governmental agency—in any area related to public health and safety—has not been confidence inspiring lately. The BAAQMD is already complicit with the creation of Richmond’s most troubling new fossil fuel hazard in recent memory. For the last year, that threat has been on display, as far as the eye can see, at BNSF, which is owned by Nebraska billionaire Warren Buffett. Buffett’s rail yard has been filled with hundreds of black, tubular metal tank cars containing a particularly volatile form of crude oil that’s come all the way to Richmond from the new energy boomtowns of North Dakota.

Buffett’s Bomb Trains

The arrival of this highly volatile petroleum product is now a well-known and unwelcome sight in many other U.S. communities. Its long distance rail transport has resulted in five major train fires and explosions in the last 16 months alone. In addition to these spectacular non-fatal accidents, mostly occurring in uninhabited areas, North America’s most infamous crude-by-rail disaster took the lives of 47 people in July, 2013. That’s when a runaway train—improperly braked by its single-man crew—barreled into Lac-Megantic, Quebec, leveling all of its downtown.

Despite this alarming safety record, the BAAQMD has allowed Kinder Morgan, a major energy firm, to store up to 72,000 barrels per day at a Richmond facility leased from the BNSF; from there, it’s loaded tank trucks bound for the Tesoro Golden Eagle Refinery in Martinez, CA., (which has been shutdown recently due to a nationwide strike by the United Steel Workers).  Before issuing the necessary permit for bringing Bakken crude into Richmond, the BAAQMD gave no prior notice, held no public hearings, and conducted no review of any possible environmental or health impacts.

Aided and abetted by regulatory lapses at multiple levels of government, this stealth approach has served the oil industry well. The precipitous drop in petroleum prices has recently made rail transport of Bakken crude less cost effective (leading to a curtailment of Bay Area shipments). But, prior to that temporary reprieve, the number of rail cars commandeered nationally for this purpose jumped from 9,500 six years ago to 500,000 last year. As labor and environmental critics have pointed out, the Achilles Heel of crude-by-rail everywhere is the aging condition and structural weakness of most tank cars, designed and used, in the past, for hauling less hazardous rail cargo.

Even newer, supposedly safer tank cars have failed to protect the public from the consequences of oil train collisions, rollovers, tank car ruptures, and spills. The total amount of oil spilled in 2013, due to derailments, was greater in volume than all the spills occurring in the U.S. during the previous forty years. On February 17, a major accident in West Virginia triggered a fire that burned for five days, forced the evacuation of two nearby towns, and seriously threatened local water supplies.

Trackside communities like Richmond lack sufficient legal tools to avert such disasters in the future, because rail safety enforcement rests with the federal government. Among its other foot-dragging, the U.S. Department of Transportation has failed to mandate tank car modernization and upgrading in timely fashion. As for the BAAQMD, according to Communities for a Better Environment (CBE) organizer Andres Soto, that agency may be “legally responsible for protecting Bay Area air quality but it really just acts as a tool of industry.”

A Contested Permit

CBE, the Sierra Club, and Asian Pacific Environmental Network filed suit last year to block Kinder-Morgan’s operation in Richmond. A superior court judge in San Francisco ruled that their challenge to the BAAQMD’s permit-granting authority wasn’t timely, a decision still under appeal. The Richmond City Council supported the permit revocation and urged Congress to halt all Bakken crude transportation by rail until tougher federal safety rules were developed and implemented

In the meantime, concerned citizens of Contra Costa County began fighting back, first by educating themselves about the dangers of crude by rail and then mobilizing their friends and neighbors to attend informational meetings and protests. Last March, Richmond’s then mayor, Gayle McLaughlin, a California Green, hosted a community forum that featured Marilaine Savard from the Citizens Committee of Lac-Megantic, and Antonia Juhasz, a leading writer and researcher about oil-related hazards. “The oil industry is far too powerful,” Savard told 150 people packed into the storefront headquarters of the Richmond Progressive Alliance. “The first duty of government should be to protect citizens, not shareholders.”

Since that event, CBE organizer Soto has been on the road, sounding the alarm before audiences throughout the county. In his power-point presentation, he highlights maps illustrating how big the “blast zones” would be in Richmond and other refinery towns if crude-by-rail triggered a fire and explosion on the scale of Lac-Megantic’s.  Last September, direct actionists from the Sunflower Alliance and other groups took the fight directly to Kinder Morgan’s front door. Eight activists locked themselves to a gate leading to the facility; along with other supporters, they succeeded in disrupting truck traffic for three hours. After negotiations between Richmond police and BNSF security personnel, the protestors were allowed to leave without being arrested for trespassing.

Rail Labor And Environmentalists Meet

In the wake of recent high-profile oil train wrecks in West Virginia and Illinois, Richmond played host last weekend to more than 100 railroad and refinery workers, other trade unionists, community organizers, and environmentalists.  They were attending the first of two regional strategy conferences sponsored by Railroad Workers United (RWU) and allied groups. RWU is national rank-and-file organization that seeks to build greater unity among rail industry craft unions long prone to bickering, back stabbing, and estrangement from potential non-labor allies.

“As railroaders,” the RWU declares, “we know that the safest means of transport is the railroad—far safer than roads and highways, inland waterways, and even pipelines. But the rail industry has taken advantage of a lax regulatory environment, conservative pro-business governments and weakened unions across North America to roll the dice on safety. It’s time for railroad workers, community, and environmental activists to come together and take a stand.”

One joint project discussed at the March 15 conference is the fight against single employee train crews. After Lac-Megantic was destroyed, the Canadian government banned one-person crews on trains hauling hazardous materials. In the U.S, carriers, big like BNSF continued to seek union approval for staffing reductions (while insisting that transport of crude oil, ethanol, or other flammable cargo would still require two person crews). To stop any further rail labor slide down this slippery slope, RWU rallied conductors to reject a deal their union negotiated with BNSF last year that would have permitted one-person crews.

Other safety concerns raised at the Richmond meeting included crew fatigue and railway attempts to cut labor costs by operating trains that are longer, heavier, and harder to stop in emergency situations. “Recent oil train derailments are directly linked to the length and weights of trains,” argued Jeff Kurtz, a railroad engineer from Iowa who spoke at the Richmond meeting. “The railroads know how dangerous it is to have 150-ton tank cars running on a 8,000 foot train.” Kurtz expressed confidence that “we can address these problems in a way that would improve the economy and the environment for everyone, “ if labor and climate change activists continue to find common ground.

RWU organizers are holding a second educational conference on March 21 in Olympia, Washington. According to Seattle switchman-conductor Jen Wallis, this kind of “blue-green” exchange, around rail safety issues, has never been attempted before in the Pacific Northwest. “Rail labor hasn’t worked with environmentalists to the degree that steelworkers and longshoreman and teamsters have, “ Wallis says. “It’s all very new.”

Steve Early is a former union organizer who lives in Richmond, California. He is the author, most recently, of Save Our Unions from Monthly Review Press. He is currently working on a new book about labor and environmental issues in Richmond.

As oil trains roll across America, volunteer firefighters face big risk

Repost from Reuters

As oil trains roll across America, volunteer firefighters face big risk

By Edward McAllister, Mar 23, 2015 4:45pm EDT
Firefighters' jackets and helmets are hung on a wall in the main fire hall in West Webster, New York, December 28, 2012. REUTERS/Carlo Allegri
Firefighters’ jackets and helmets are hung on a wall in the main fire hall in West Webster, New York, December 28, 2012. Credit: Reuters/Carlo Allegri

(Reuters) – Volunteers at the Galena, Illinois, fire department were hosing down the smoldering wreck of a derailed BNSF oil train on the east bank of the Mississippi River on March 5 when a fire suddenly flared beyond their control. Minutes later, the blaze reached above the treetops, visible for miles around.

“They dropped the hoses and got out” when the flames started rising, said Charles Pedersen, emergency manager for Jo Daviess County, a rural area near the Iowa border which includes Galena. “Ten more minutes and we would have lost them all.”

No one was hurt in the fire, which burned for days, fed by oil leaking from the ruptured tank cars. But an increase in explosive accidents in North America this year highlights the risks that thousands of rural fire departments face as shipments of oil by rail grow and regulators call for improved train car standards.

Nearly two years after a crude oil train derailed, exploded and killed 47 people in the Canadian town of Lac-Megantic, Quebec, in 2013, there are no uniform U.S. standards for oil train safety procedures, and training varies widely across the country, according to interviews with firefighters and experts in oil train derailments and training.

About 2,500 fire departments are adjacent to rail lines transporting oil in North Dakota, Minnesota, Wisconsin, Illinois and Iowa alone, according to figures provided by the Department of Transportation, but no nationwide statistics exist. The DOT does not know which of these fire departments are in need of training, a spokesman said.

The scenario concerns experts who say more needs to be done for sparsely equipped, rural, mostly volunteer-run fire departments to prepare as oil train accidents increase. Already this year, four oil trains have derailed and exploded in North America, double last year’s tally.

No deaths have occurred as a result of U.S. derailments. Oil trains have been a consistent feature on U.S. rails only since 2009.

“Is it acceptable that we just let these fires burn out?” said Thomas Miller, board member of the National Volunteer Fire Council and principal at the National Fire Protection Association, which draws up training guidelines.

“We have to have a comprehensive plan to identify training levels required and to make sure training is available,” he said.

CART BEFORE HORSE

Railroads have increased safety training in the nearly two years since Lac-Megantic, a period during which nine trains have derailed and exploded in North America.

Berkshire Hathaway-owned BNSF, CSX Corp, Norfolk Southern Corp and other railroads have bolstered their own network of hundreds of hazardous-materials experts and equipment centers dotted around the country that react if an accident occurs.

The major North American railroads last year spent $5 million to send more than 1,500 first responders on a new three-day oil train program in Pueblo, Colorado, the first site dedicated to oil derailment training in the United States.

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) is developing an oil derailment training module, expected to be completed in May.

But PHMSA funding to state and tribal governments for hazmat training has declined from $21.1 million in 2010 to $20.2 million last year, even as oil derailments increased. Moreover, interviews with fire departments across the country reveal stark disparities in training.

In Galena, where up to 50 oil trains roll through each week, the fire department had received some basic hazmat training provided by BNSF last year. But when the train came off the rails in March, Galena firefighters were still waiting for a slot at the Pueblo, Colorado facility.

“It was a bit cart-before-the-horse,” said Galena volunteer fire chief Randy Beadle. “It just happened that we had an incident before we could get the guys out there” to Pueblo, he said.

It is unclear what exactly the Galena firefighters might have done differently given proper training and greater resources, but other firefighters who have received extensive training say it is vital to countering an oil train blaze safely.

In Casselton, North Dakota, the fire department has been “bombarded” with training after an oil train collided with a derailed soybean train in December 2013, setting 21 oil cars ablaze and causing a fireball whose heat was felt from over a quarter of a mile away, said Casselton’s volunteer fire chief, Tim McLean.

Before that accident, McLean and his 28-strong fire team “had no idea oil trains were that explosive,” said McLean, a corn and soy farmer. Since then, eight firefighters from the department have been to the Pueblo site for intensive training and more will attend this year.

In Pembroke, Virginia, where CSX rerouted some crude oil trains last month after a derailment damaged its track in West Virginia, the volunteer department has had no specific oil training, said fire department president Jerry Gautier.

“We have reached thousands of people for hydrogen and ethanol training, but the oil program is in its infancy,” said Rick Edinger, a member of the hazardous material committee at the International Fire Chiefs Association. “It could take a couple of years to roll out.”

Meanwhile, oil train accidents remain at the front of people’s minds in Galena, especially for Pedersen, the emergency manager in Jo Daviess county, one of the busiest areas in Illinois for oil trains.

“Every time I hear a train go by now, I think a little differently about it,” he said.

(Editing by Matthew Lewis)