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

Northern California Representatives call for no delay in or weakening of new oil-by-rail safety standards

Repost from The Benicia Herald
[Editor: In an otherwise excellent report, this story fails to mention that Benicia’s own Representative Mike Thompson and 5 other Northern California legislators joined with Reps. Garamendi and Matsui in signing the letter.  Note as well that the fires in the West Virginia explosion burned for nearly 3 days (not 24 hours per this article).  See also Rep. Garamendi’s Press Release.  A PDF copy of the signed letter is available here.  See also coverage in The Sacramento Bee.  – RS]

Garamendi calls for no delay in oil-by-rail safety improvements

By Donna Beth Weilenman, March 4, 2015

U.S. Rep. John Garamendi, D-Fairfield, is urging the Department of Transportation to issue stronger safety standards for transporting oil by train “without delay.”

Garamendi, a member of the House Committee on Transportation and Infrastructure, made his call in a letter he authored after working with U.S. Rep. Doris Matsui, D-Sacramento, and circulated among members of the House.

He said the letter responds to news that the DOT may consider weakening oil train safety regulations and delaying a deadline for companies to comply with certain safety guidelines.

He said he also has been making his appeal to DOT officials in person as well as in committee hearings and in speaking with reporters, urging the department to adopt stronger safety measures designed to protect communities near rail lines.

He said several key intercontinental rail lines that reach West Coast ports and refineries lie within his Third District.

Those rail lines go through Fairfield, Suisun City, Dixon, Davis, Marysville and Sacramento, he said.

Garamendi is the leading Democrat on the House Committee on Transportation and Infrastructure’s Subcommittee on the Coast Guard and Maritime Transportation.

He pointed to a February accident in West Virginia in which a train carrying crude oil derailed and exploded, and said that was just the latest in a series of more frequently occurring incidents.

That accident happened in Fayette County, in which Garamendi said 28 tanker rail cars in a CSX train went off the tracks and 20 caught fire, accompanied by explosions and 100-yard-high flames.

Nearby residents were evacuated, and the fires burned for 24 hours.

West Virginia’s governor, Earl Ray Tomblin, issued a statement saying the train was carrying Bakken crude from North Dakota to Yorktown, Va. The train had two locomotives and 109 rail cars, according to a CSX statement.

CSX originally said one car entered the Kanawha River, but later said none had done so.

The company reported at least one rail car ruptured and caught fire. One home was destroyed, and at least one person was treated for potential inhalation of fumes.

The rail line said it was using newer-model tank cars, called CPC 1232, which are described as tougher than DOT-111 cars made before 2011. Garamendi confirmed that.

He also said the train was traveling at 33 mph, well below the 50-mph speed limit for that portion of the track.

According to a report by the Wall Street Journal and a statement from the North Dakota Industrial Commission, the oil contained volatile gases, and its vapor pressure was 13.9 pounds per square inch. A new limit of 13.7 pounds per square inch is expected to be set by North Dakota in April on oil carried by truck or rail from the Bakken Shale fields, though Brad Leone, a spokesperson from Plains All American Pipeline, the company that shipped the oil, said his company had followed all regulations that govern crude shipping and testing.

A few days before, another Canadian National Railways train derailed in Ontario.

“Families living near oil-by-rail shipping lines are rightfully concerned about the safety of the trains that pass through their communities,” Garamendi said.

“For that reason, I have repeatedly called on the Department of Transportation to use all the tools at their disposal to ensure that these shipments are as safe and secure as possible.”

He said he also wants the DOT to act quickly.

“Every day that strong and effective rules are delayed is another day that millions of Americans, including many in my district, are put at greater risk.

“While the Department has made this a priority, they must move with greater urgency to address this matter.”

He and Matsui have written Timothy Butters, acting administrator of the Pipeline and Hazardous Materials Safety Administration, and Sarah Feinberg, acting administrator of the Federal Railroad Administration, expressing “our strong concern that despite increased train car derailments and an overall delay in the issuance of oil-train safety regulations, the Department of Transportation may be considering a revision that could delay the deadline for companies to comply with important safety guidelines, including upgrading CPC-1232 tank cars to new standards.”

Citing the frequency of derailments, they wrote that such measures as stabilizing crude and track maintenance before transport should be added to those standards. “Any weakening of the proposed rule would be ill-advised,” they wrote.

The two wrote that the West Virginia accident was the third reported in February.

In addition to that one and the Ontario accident, another train carrying ethanol derailed and caught fire in Iowa.

“These are in addition to recent derailments in Northern California’s Feather River Canyon, Plumas County, and Antelope region where three train cars derailed earlier this year while en route from Stockton to Roseville,” they wrote.

The two said the need for safer train cars “has long been documented and is overdue.”

They said the DOT began updating rules in April 2012. Meanwhile, from 2006 to April 2014, 281 tank cars derailed in the United States and Canada.

They wrote that 48 people died and nearly 5 million gallons of crude oil and ethanol were released.

“Serious crude-carrying train incidents are occurring once every seven weeks on average, and a DOT report predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, causing billions of dollars in damage and possibly costing hundreds of lives,” they wrote.

In the wake of “this alarming news,” they wrote of their “great concern” that Pipeline and Hazardous Materials Safety Administration failed to meet its Jan. 15 deadline to release a final rule on crude-by-rail regulations.

They urged the DOT to maintain the timeline that gives companies two years to retrofit cars and to have provisions in place or additional regulations drafted to require stabilization of crude as well as better track maintenance technology.

“We understand that more than 3,000 comments to the rule were analyzed and we commend the DOT for its work with industry thus far on information sharing, slower speeds, and reinforced railcars, but the multi-pronged solutions for this important safety issue must be implemented as quickly as possible,” they wrote.

“We also believe that DOT should issue a rule that requires stripping out the most volatile elements from Bakken crude before it is loaded onto rail cars.

“This operation may be able to lower the vapor pressure of crude oil, making it less volatile and therefore safer to transport by pipeline or rail tank car,” they wrote.

In addition, they wrote that greater priority must be placed on track maintenance and improvement.

“We need safer rail lines that are built for the 21st century, including more advanced technology in maintaining railroad tracks and trains so that faulty axles and tracks do not lead to further derailments,” they wrote.

Saying 16 million Americans live near oil-by-rail shipping lanes, Garamendi and Matsui wrote that if “dangerous and volatile crude” is to be shipped through municipalities and along sensitive waters and wildlife habitat, “the rail and shipping industries must do more.”

The two praised the National Transportation Safety Board for investigating the accidents thoroughly.

But they added that those living near crude-by-rail tracks “should not have to live with the fear that it is only a matter of time.”

Instead, they wrote, the DOT should work toward “release of a strong and robust safety rule as soon as possible.”

Crude Oil on Derailed Train Contained High Level of Gas

Repost from The Wall Street Journal
[Editor: This is a MUST READ.  Highly significant findings, with life-and-death implications for all regulators, first responders, rail and oil industry workers and executives, and for every town and country along the rails.  – RS]

Crude on Derailed Train Contained High Level of Gas

Cargo would have violated new vapor-pressure cap that goes into effect in April

By Russell Gold, March 2, 2015 6:54 p.m. ET
crude_oil_train_derailment_Mt.CarbonWVa
The scene of a CSX crude-oil train burning after derailment in Mount Carbon, W. Va. Photo: Marcus Constantino/Reuters

The crude oil aboard the train that derailed and exploded two weeks ago in West Virginia contained so much combustible gas that it would have been barred from rail transport under safety regulations set to go into effect next month.

Tests performed on the oil before the train left North Dakota showed it contained a high level of volatile gases, according to a lab report reviewed by The Wall Street Journal. The oil’s vapor pressure, a measure of volatility, was 13.9 pounds per square inch, according to the Feb. 10 report by Intertek Group PLC.

That exceeds the limit of 13.7 psi that North Dakota is set to impose in April on oil moving by truck or rail from the Bakken Shale. Oil producers that don’t treat their crude to remove excess gas face fines and possible civil or criminal penalties, said Alison Ritter, a spokeswoman for the North Dakota Industrial Commission.

The state introduced new rules on shipping oil in December, after a series of accidents in which trains carrying crude from the Bakken erupted into fireballs after derailing. As the Journal has reported, oil from shale formations contains far more combustible gas than traditional crude oil, which has a vapor pressure of about 6 psi; gasoline has a maximum psi of about 13.5.

The company that shipped the oil,  Plains All American Pipeline LP, said it follows all regulations governing the shipping and testing of crude. “We believe our sampling and testing procedures and results are in compliance with applicable regulatory requirements,” said Plains spokesman Brad Leone.

New information about the West Virginia accident is likely to increase regulators’ focus on the makeup of oil being shipped by train. Federal emergency rules adopted last year imposed new safety requirements on railroad operators but not on energy companies.

“The type of product the train is transporting is also important,” said Sarah Feinberg, the acting head of the Federal Railroad Administration. “The reality is that we know this product is volatile and explosive.”

Ms. Feinberg has supported requiring the energy industry to strip out more gases from the crude oil before shipping it to make the cargo less dangerous, but such measures aren’t currently included in current or proposed federal rules.

In the wake of the West Virginia accident, members of Congress have called on the White House to expedite its review of pending safety rules developed by the U.S. Transportation Department. Timothy Butters, the acting administrator of the department’s Pipeline and Hazardous Materials Safety Administration, said the new regulations were being vetted as quickly as was practical, given what he called their complexity.

Some critics are calling for lower limits on the vapor pressure of oil moving by rail.

crude_oil_train_derailment_Mt.CarbonWVa02
The train that derailed in Mount Carbon, W.Va., in mid-February included 109 tanker cars loaded with about 70,000 barrels of Bakken crude. PHOTO: ASSOCIATED PRESS

The lower the vapor pressure, the less explosive the oil and “the less chance of it blowing up—that should be the common goal here,” said Daniel McCoy, the chief executive of Albany County, N.Y., which has become a transit hub for Bakken crude heading to East Coast refineries.

The train that exploded in West Virginia included 109 tanker cars loaded with about 70,000 barrels of crude. It traveled from Western North Dakota across Minnesota, Illinois and Ohio before derailing in Mount Carbon, W. Va. Nearly two dozen tanker cars full of crude oil were engulfed in flames, some exploding into enormous fireballs that towered over the small community and burned a house to the ground.

The cause of the derailment remains under investigation. State and federal officials have said the train was traveling well under speed limits imposed last year on trains carrying crude oil. The train was made up of relatively new tanker cars built to withstand accidents better than older models.

A couple hours after the derailment, CSX and Plains All American Pipeline turned over paperwork about the crude to first responders and state and federal investigators. The testing document was included; the Journal reviewed it after making an open-records request.

A spokesman for  CSX Corp. , the railroad that carried the oil at the time of the crash, said it had stepped up its inspections of the track along this route, a procedure that railroads voluntarily agreed to last year.

Related

“Documentation provided to CSX indicated that the shipments on the train that derailed were in compliance with regulations necessary for transportation,” said Gary Sease, a CSX spokesman. “We support additional measures to enhance the safety of oil shipments, and continue to work cooperatively with regulators, oil producers, tank car manufacturers and others to achieve ever higher safety performance.”

A spokesman for BNSF Railway Co., which hauled the crude oil from North Dakota to Illinois, where it was handed off to CSX, declined to comment on the derailment.

Intertek, the testing company, said it is abreast of the regulatory changes and “working closely with authorities and our clients to assure compliance.”

The U.S. Transportation Department is testing samples of crude that didn’t spill or burn and says it plans to compare its findings with the North Dakota test.

The fire burned for three and a half days. “If it is burning hard, you can’t put it out,” said Benny Filiaggi, the deputy chief of the Montgomery Fire Department, who responded to the West Virginia derailment. He said he received training from CSX about oil-train fires in October.

“We concentrated on evacuating everyone nearby before the first explosion,” Mr. Filiaggi said.

McKeesport incident among derailments that prompt Sen. Casey to push ‘crude-by-rail’ rule

Repost from the Pittsburgh Tribune-Review

McKeesport incident among derailments that prompt Casey to push ‘crude-by-rail’ rule

By Patrick Cloonan, Feb. 27, 2015, 5:26 a.m.
Train cars hang off the side of a railroad bridge at the site of a train derailment in McKeesport on Sunday, June 8, 2014. Stephanie Strasburg | Tribune-Review

A June 7 CSX freight train derailment on a bridge overlooking the Marina at McKees Point was one of at least three in the last 13 months on Southwestern Pennsylvania tracks.

That and other incidents — including last week’s West Virginia tanker accident — prompted U.S. Sen. Bob Casey Jr., D-Scranton, to call on federal officials to speed up implementation of a “crude by rail” rule governing oil shipments by freight trains.

“Crude oil shipments by rail have increased drastically over the past several years, largely due to the rise of oil production in North Dakota,” Casey wrote to Shaun Donovan, director of the federal Office of Management and Budget, in a letter released Thursday. “Large quantities of this oil travel through Pennsylvania and other states on a daily basis and are shipped by older rail cars that are prone to rupture.”

That included a Feb. 16 derailment of a CSX train carrying 100 tankers of crude oil through Mt. Carbon, W.Va., 30 miles southeast of Charleston.

Nineteen cars caught fire, oil leaked into the nearby Kanawha River, one house burned to the ground and at least one injury was reported.

Standards for such shipments have been devised by the federal Department of Transportation, with help from freight carriers.

“This is a complex issue with railroads working with policymakers to set the rules and with oil shippers to properly classify tank car contents,” Association of American Railroads spokesman Ed Greenberg said. “The federal government’s long-awaited rules will not only provide certainty, but we also feel (it will) chart a new course for ensuring the safer movement of crude oil by rail.”

The proposal must be reviewed by the Office of Management and Budget, which said it needs until May to finalize the rule.

“We know that rail transportation is crucial to our economy,” Casey said. “Millions of Americans live near these rail lines and have a right to expect … every step to protect them.”

Casey said he was addressing the Democratic Obama Administration and Republicans who control Congress. He said he pushed hard for funding passed last year that opens the door to hiring 15 new rail and hazardous material inspectors and retaining 45 rail safety positions.

“And we can use more,” the senator said.

Others heard him including the Association of American Railroads, a policy, research and technology entity whose members include all major North American freight carriers and Amtrak.

“America’s freight rail industry supports tougher tank car specifications and, for years, our association has called for stronger federal standards for tank cars,” Greenberg said.

As the Department of Transportation formulated its proposal last fall, the association submitted to the department what it called a comprehensive safety package for stronger tank cars.

Greenberg said it addressed increased shell thickness, use of jacket protection, thermal protection, full-height head shields, appropriately sized pressure relief devices, bottom-outlet handle protection and top-fittings protection.

CSX spokesman Rob Doolittle echoed Greenberg, saying CSX collaborated with the association and other industry partners in developing comments on the proposed new rules.

“Railroads have dramatically improved safety over the last three decades,” Greenberg said. That includes an investment of more than $575 billion since 1980 into the nation’s freight rail network.

Greenberg said freight railroads project spending $29 billion this year on safety-enhancing infrastructure and equipment.

“That said, we recognize more has to be done to ensure the safe movement of this product,” Greenberg said.

That came to light at 10:56 p.m. June 7 when a CSX train headed from New Castle to Connellsville crossed the trestle alongside the Jerome Bridge. Ten of 88 train cars derailed.

Three hung for a time over the Youghiogheny River as well as boats docked at the Marina.

“You could tell the wheels were not on the rail, even before the crash,” said Ashley Bound of Elizabeth. “We were in a boat about 50 feet away and, when I saw all the sparks, I said: ‘I don’t think that’s supposed to happen.’ I was freaking out. It was scary.”

Officials said no one was injured, no chemicals spilled and most cars were empty or carried scrap metal. CSX said a car with “light petroleum” remained upright and did not leak.

Casey referred to derailments last month in Uniontown and Philadelphia as well as the Feb. 13, 2014, derailment of 21 Norfolk Southern rail cars hauling propane gas and Canadian crude oil through Vandergrift.

There cars crashed into the MSI Corp. specialty metals factory. One car spilled 1,000 gallons of heavy crude, but no spillage reached the nearby Kiskiminetas River.

On Jan. 22 in Uniontown seven cars filled with sand for use in the Marcellus shale industry turned over within 2 feet of homes along Locust and East Penn streets.

According to various reports, 11 cars in a CSX train came off the tracks in South Philadelphia on Jan. 31, but the cars remained upright and no chemical leaks were detected.

“Pennsylvania has borne the brunt of many of these derailments,” Casey said. “It’s important for residents to have the peace of mind in knowing that the necessary actions are being taken to improve safety on our nation’s railways.” Carriers serving area towns say they agree.

“Safety is CSX’s highest priority, and we are sensitive to the concerns of the communities where we operate regarding the increasing volume of crude oil that is being moved by train,” Doolittle said.

“Norfolk Southern every day shoulders the obligation of being a common carrier, which means when a shipper gives us a hazardous materials tank car that meets current federal safety standards, we must haul it,” Norfolk Southern spokesman Dave Pidgeon said. “No matter what comes out of proposed new regulations, Norfolk Southern wants the safest tank car to be moving on our network because safety is our top priority — safety of our employees, safety of our customers’ products, safety of the communities in which we operate.”

INSURANCE JOURNAL: Derailed Train in West Virginia Had Safer Tank Cars

Repost from Insurance Journal

Derailed Train in West Virginia Had Safer Tank Cars

By John Raby and Jonathan Mattise | February 26, 2015 

The fiery derailment of a train carrying crude oil in West Virginia earlier this month is one of three in the past year involving tank cars that already meet a higher safety standard than what federal law requires – leading some to suggest even tougher requirements that industry representatives say would be costly.

Hundreds of families were evacuated and nearby water treatment plants were temporarily shut down after cars derailed from a train carrying 3 million gallons of North Dakota crude on Feb. 16, shooting fireballs into the sky, leaking oil into a Kanawha River tributary and burning down a house nearby. It was snowing at the time, but it is not yet clear if weather was a factor.

The train’s tanks were a newer model – the 1232 –designed during safety upgrades voluntarily adopted by the industry four years ago. The same model spilled oil and caught fire in Timmins, Ontario this month, and last year in Lynchburg, Virginia.

A series of ruptures and fires have prompted the administration of President Barack Obama to consider requiring upgrades such as thicker tanks, shields to prevent tankers from crumpling, rollover protections and electronic brakes that could make cars stop simultaneously, rather than slam into each other.

If approved, increased safety requirements now under White House review would phase out tens of thousands of older tank cars being used to carry highly flammable liquids.

“This accident is another reminder of the need to improve the safety of transporting hazardous materials by rail,” said Christopher Hart, acting chairman of the National Transportation Safety Board.

Oil industry officials had been opposed to further upgrading the 1232 cars because of costs. But late last year they changed their position and joined with the railway industry to support some upgrades, although they asked for time to make the improvements.

According to the Association of American Railroads, oil shipments by rail jumped from 9,500 carloads in 2008 to 500,000 in 2014, driven by a boom in the Bakken oil patch of North Dakota and Montana, where pipeline limitations force 70 percent of the crude to move by rail.

The downside: trains hauling Bakken-region oil have been involved in major accidents in Virginia, North Dakota, Oklahoma, Alabama and Canada, where 47 people were killed by an explosive derailment in 2013 in Lac-Megantic, Quebec.

Reports of leaks and other oil releases from tank cars are up as well, from 12 in 2008 to 186 last year, according to Department of Transportation records reviewed by The Associated Press.

Just two days before the West Virginia wreck, 29 cars of a 100-car Canadian National Railway train carrying diluted bitumen crude derailed in a remote area 50 miles south of Timmins, Ontario, spilling oil and catching fire. That train was headed from Alberta to Eastern Canada.

The train that derailed in West Virginia was bound for an oil shipping depot in Yorktown, Virginia, along the same route where three tanker cars plunged into the James River in Lynchburg, Virginia, prompting an evacuation last year.

The train derailed near unincorporated Mount Carbon just after passing through Montgomery, a town of 1,946, on a stretch where the rails wind past businesses and homes crowded between the water and the steep, tree-covered hills. All but two of the train’s 109 cars were tank cars, and 26 of them left the tracks.

Fire crews had little choice but to let the tanks burn themselves out. Each carried up to 30,000 gallons of crude.

One person – the owner of the destroyed home – was treated for smoke inhalation, but no other injuries were reported, according to the train company, CSX. The two-person crew, an engineer and conductor, managed to decouple the train’s engines from the wreck behind it and walk away unharmed.

The NTSB said its investigators will compare this wreck to others including Lynchburg and one near Casselton, N.D., when a Bakken crude train created a huge fireball that forced the evacuation of the farming town.

No cause has been determined, said CSX regional vice president Randy Cheetham. He said the tracks had been inspected just three days before the wreck.

“They’ll look at train handling, look at the track, look at the cars. But until they get in there and do their investigation, it’s unwise to do any type of speculation,” he said.

State officials do have some say over rail safety.

Railroads are required by federal order to tell state emergency officials where trains carrying Bakken crude are traveling. CSX and other railroads called this information proprietary, but more than 20 states rejected the industry’s argument, informing the public as well as first-responders about the crude moving through their communities.

West Virginia is among those keeping it secret. State officials responded to an AP Freedom of Information request by releasing documents redacted to remove nearly every detail.

There are no plans to reconsider after this latest derailment, said Melissa Cross, a program manager for the West Virginia Division of Homeland Security and Emergency Management.

___

Contributors include Joan Lowy in Washington, D.C.; Matthew Brown in Billings, Montana; and Pam Ramsey in Charleston, West Virginia. Mattise reported from Charleston.