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

SAN FRANCISCO CHRONICLE EDITORIAL: Get rid of exploding tank cars

Repost from The San Francisco Chronicle
[Editor: Significant quote: “Valero Energy Co. has agreed to haul Bakken crude to its Benicia bayside refinery in the newer CPC-1232 cars as part of its city permit application to revamp its facilities to receive crude by rail rather than via oceangoing tanker. But that promise now appears inadequate to protect the safety of those in Benicia as well as in other communities — Roseville, Sacramento, Davis — along the rail line.”  (emphasis added)  – RS]

Get rid of exploding tank cars

EDITORIAL On Crude by Rail, Monday, February 23, 2015
Absent new regulations, U.S. transportation experts predict more oil train wrecks like this one, which occurred Feb. 17 in Mount Carbon, W.Va. | Steven Wayne Rotsch / Associated Press

When a train carrying crude oil derailed last week in West Virginia, sending up a fireball that burned for five days, communities on rail lines in California noted that the accident involved the newer — and it was hoped safer — CPC-1232 model tank cars. Some 3 million gallons of Bakken crude spilled from 26 cracked cars into a Kanawha River tributary, endangering water supplies and forcing the evacuation of two towns. The smoldering crude burned a home, but thankfully no one was killed.

Two days before the West Virginia train wreck, a train pulling CPC-1232 tank cars derailed and caught fire in Ontario, Canada. There was a similar accident last year in Lynchburg, Va.

Clearly, it will take tank car safety upgrades more extensive than those adopted voluntarily by the rail industry four years ago to assure the public safety and protect the environment of communities crossed by rail lines. Yet authorities have dithered.

Bakken crude, a light crude with a low sulfur content, is highly flammable, by the Department of Transportation’s own account. The shippers are working on new procedures to strip out highly volatile elements before the crude is loaded, but they are not uniformly required.

The Obama administration is considering more extensive safety upgrades such as rollover protection, sturdier hulls, shields to prevent tank rupture or collapse, and electronic brakes that would stop the cars before they slam into each other. But it is taking too long to adopt new federal rules. The oil and rail industries support some upgrades, but want more time to accomplish them. This is unacceptable.

The U.S. Department of Transportation has been working on the rules since 2012 but does not expect adoption until mid-May. Once the new rules are accepted, the industry would have three to four years to phase out the unsafe DOT-111 model tank cars, which the National Transportation Safety Board has warned are not suitable to transport flammable liquids. Meanwhile, tens of thousands of the faulty DOT-111 tank cars remain on the rails. Canadian rail authorities accelerated their phaseout of the cars after a fire set off by a derailed oil train killed 47 people in Lac-Mégantic, Quebec, in July 2013.

Safety upgrades are lagging the rapid increase in oil moving by rail: Shipments have increased from 9,500 car loads in 2008 to 500,000 car loads in 2014, driven by the boom in the Bakken Oil Shale formation in North Dakota, where there are few oil pipelines and 70 percent of the petroleum is shipped by train.

Valero Energy Co. has agreed to haul Bakken crude to its Benicia bayside refinery in the newer CPC-1232 cars as part of its city permit application to revamp its facilities to receive crude by rail rather than via oceangoing tanker. But that promise now appears inadequate to protect the safety of those in Benicia as well as in other communities — Roseville, Sacramento, Davis — along the rail line.

The government and the oil and rail industries will need to move more quickly to adopt new safety rules before communities along the rail lines can welcome oil trains rolling into town.

MCCLATCHY NEWS: 2 West Virginia towns evacuated as another oil train derails, catches fire

Repost from McClatchy News
[Editor: Another excellent contextual overview and detailed report by Curtis Tate.  New in this report: CSX providing hotel rooms for evacuees; and discussion of WV refusal to provide hazmat notification to the public and estimate of 2 to 5 oil trains per week; and Sarah Feinberg, acting administrator of the Federal Railroad Administration is a West Virginia native.  – RS]

2 West Virginia towns evacuated as another oil train derails, catches fire

By Curtis Tate, McClatchy Washington Bureau, February 16, 2015 
Train Derailment
A fire burns Monday, Feb. 16, 2015, after a train derailment near Charleston, W.Va. Nearby residents were told to evacuate as state emergency response and environmental officials headed to the scene. JOHN RABY — AP

— A train carrying crude oil derailed and caught fire Monday in West Virginia, less than two weeks after the U.S. Department of Transportation sent a package of new rail safety regulations to the White House for review.

The CSX train was traveling on the same route as another crude oil train that derailed and caught fire 10 months ago in downtown Lynchburg, Va. It was the second derailment in as many days of a train loaded with crude oil. Early Sunday, a Canadian National train loaded with crude oil derailed in northern Ontario. At least seven cars burst into flames.

In Monday’s derailment, residents of two small towns east of Charleston were evacuated, and at least one tank car fell into the Kanawha River, according to the West Virginia Department of Military Affairs and Public Safety. The river supplies drinking water for several local communities, and residents were urged Monday to conserve water.

The fire was expected to burn throughout the night.

A spokesman for the department said the 109-car train was traveling from North Dakota to Yorktown, Va., and that 12 to 15 cars had derailed. Trains from North Dakota’s Bakken region have been traveling to the Yorktown facility since December 2013, where the oil is transferred to barges for delivery to refineries on the East Coast.

Photos taken by local residents posted to Twitter showed a column of black smoke and fire that resembled the Lynchburg accident and others. Early Sunday, a Canadian National train carrying crude oil derailed in a remote part of northern Ontario.

Other fiery accidents have taken place in Casselton, N.D., Aliceville, Ala., and Lac-Megantic, Quebec. The latter derailment, in July 2013, killed 47 people and wiped out the town’s business district.

Those derailments prompted a series of changes by government and industry on both sides of the border, including operating practices, track inspections, train speeds and tank car design. The new rules currently under review by the White House Office of Management and Budget are scheduled for publication in mid-May.

The response to Monday’s derailment was complicated by a winter storm. The National Weather Service forecast a snowfall of 6 to 10 inches in the area.

Sarah Feinberg, the acting administrator of the Federal Railroad Administration, said investigators from her agency and the Pipeline and Hazardous Materials Safety Administration were on their way to the scene, about six hours from Washington.

“Both agencies are monitoring the situation closely and will commence official inquiries into the cause of the derailment,” said Kevin Thompson, an FRA spokesman. “The agencies are prepared to take all necessary enforcement actions following the investigation.”

Feinberg, a native of West Virginia, was appointed last month by Transportation Secretary Anthony Foxx to lead the agency. Feinberg and Robert Lauby, the FRA’s chief safety officer, will assess the derailment site Tuesday, the department said late Monday.

The National Transportation Safety Board, which last month added tank cars to its list of “most-wanted” safety improvements, was monitoring the incident, a spokesman said.

CSX, based in Jacksonville, Fla., was providing hotel rooms to the evacuees and working with local emergency personnel at the derailment scene, the railroad posted on Twitter.

Following the Lynchburg derailment last April, the Transportation Department began requiring railroads to notify state officials of shipments of 1 million gallons or more of Bakken crude.

The West Virginia Division of Homeland Security and Emergency Management declined McClatchy’s request to review the notifications in June, invoking an exemption under the state’s open records law because CSX had marked the documents “proprietary and trade secrets.”

However, the frequency of the shipments could be gleaned from surrounding states, notably Kentucky and Virginia, that did make the reports available to McClatchy and other news organizations.

The reports show that two to five Bakken trains a week traverse West Virginia.

 

Record number of oil train spills in 2014

Repost from NBC News

Oil Train Spills Hit Record Level in 2014

By  Tony Dokoupil , January 26, 2015

Oil-train-spills-hit-record-levels-in-2014_Lynchburg-VAAmerican oil trains spilled crude oil more often in 2014 than in any year since the federal government began collecting data on such incidents in 1975, an NBC News analysis shows. The record number of spills sparked a fireball in Virginia, polluted groundwater in Colorado, and destroyed a building in Pennsylvania, causing at least $5 million in damages and the loss of 57,000 gallons of crude oil.

By volume, that’s dramatically less crude than trains spilled in 2013, when major derailments in Alabama and North Dakota leached a record 1.4 million gallons — more than was lost in the prior 40 years combined. But by frequency of spills, 2014 set a new high with 141 “unintentional releases,” according to data from the federal Pipeline and Hazardous Materials Safety Administration (PHMSA). By comparison, between 1975 and 2012, U.S. railroads averaged just 25 spills a year.

The vast majority of the incidents occurred while the trains were “in transit,” in the language of regulators, rumbling along a network of tracks that pass by homes and through downtowns. They included three major derailments and seven incidents classified as “serious” because they involved a fire, evacuation or spill of more than 120 gallons. That’s up from five serious incidents in 2013, the data shows.

“They’ve got accidents waiting to happen,” said Larry Mann, the principal author of the landmark Federal Railroad Safety Act of 1970. “Back in 1991 I said, ‘One day a community is going to get wiped out by a freight train. Well, in 2013 that happened and unless something changes it’s going to happen again.”

Mann was referring to the Lac-Mégantic disaster, a deadly derailment in Quebec just miles from the Maine border. A 72-car oil train rolled downhill and exploded on July 6, 2013, killing 47 people and destroying most of the town.


In the months that followed American regulators convened a series of emergency sessions. They promised sweeping new safeguards related to tank car design, train speed, route and crew size. To date none of those rules have been finalized.

On January 15 the Department of Transportation missed a deadline set by Congress for final rules related to tank cars, which have a decades-long history of leaks, punctures, and catastrophic failure. The rules are being worked on by PHMSA and the Federal Railroad Administration (FRA).

In response to questions from NBC News, PHMSA declined to explain the delay in new rules but it defended the relative safety of oil-by-rail. “More crude is being transported across the country than in any time in our history, and we are aggressively developing new safety standards to keep communities safe,” PHMSA spokesperson Susan Lagana said in a statement.

“Last year, over 87,000 tank cars were in use transporting crude oil, and 141 rail crude oil releases were reported,” she continued. “The amount of crude oil released in these spills was less than the capacity of two tank cars.”

The FRA declined a request for comment. It did, however, provide data that suggests the railroads are getting better overall at transporting hazardous material. Between 2004 and 2014, for example, the number of collisions and derailments involving trains carrying hazardous material fell by more than half, from 31 to 13, according to the data.

Ed Greenberg, a spokesperson for the Association of American Railroads (AAR), the industry’s principal trade group, said the railroads themselves support stronger tank cars. The oil industry actually owns most of the cars used to transport its product, he said. That has complicated the rule-making process and set off a debate over which industry should cover the cost of an upgrade.

Greenberg also sharply disagreed with the idea that oil-by-rail was getting more dangerous. With 40 times more oil being hauled along U.S. rail lines in 2015 than in 2005, he acknowledges that the raw number of incidents has increased. But he argues that the railroads have never been safer overall.

“Railroads have dramatically improved their safety over the last three decades, with the 2014 train accident rate trending at being the lowest ever,” he told NBC News, citing multi-billion-dollar investments in new cars, tracks, and workers.

Last year, he added, 99.97 percent of all hazardous material on the rails reached its destination without incident. Of the 141 oil spills included in the federal data, meanwhile, the AAR calculates that fewer than 10 involved the loss of more than a barrel of oil.

But critics say that’s little comfort to the estimated 25 million Americans who within the one-mile evacuation zone that the US Department of Transportation recommends in the event of an oil train-derailment.

“Moving oil from one place to another is always risky, and even a single spill has the potential to harm land and marine ecosystems for good,” said Karthik Ganapathy, communications manager for 350.org, an environmental group that has helped organize protests against oil by rail. “These new data confirm what we’ve known to be true all along—oil-by-rail is incredibly dangerous.”

Ralph Nader: Unsafe and Unnecessary Oil Trains Threaten 25 Million Americans

Repost from The Huffington Post
[Editor: This is a must read, a comprehensive summary by a visionary and influential old-timer.  – RS]

Unsafe and Unnecessary Oil Trains Threaten 25 Million Americans

By Ralph Nader, 12/15/2014
Ralph Nader Headshot
Ralph Nader, consumer advocate, lawyer and author

Back in 1991 the National Transportation Safety Board first identified oil trains as unsafe — the tank cars, specifically ones called DOT-111s, were too thin and punctured too easily, making transport of flammable liquids like oil unreasonably dangerous. As bad as this might sound, at the very least there was not a lot of oil being carried on the rails in 1991.

Now, in the midst of a North American oil boom, oil companies are using fracking and tar sands mining to produce crude in remote areas of the U.S. and Canada. To get the crude to refineries on the coasts the oil industry is ramping up transport by oil trains. In 2008, 9,500 crude oil tank cars moved on US rails. In 2013 the number was more than 400,000! With this rapid growth comes a looming threat to public safety and the environment. No one — not federal regulators or local firefighters — are prepared for oil train derailments, spills and explosions.

Unfortunately, the rapid increase in oil trains has already meant many more oil train disasters. Railroads spilled more oil in 2013 than in the previous 40 years combined.

Trains are the most efficient way to move freight and people. This is why train tracks run through our cities and towns. Our rail system was never designed to move hazardous materials, however; if it was, train tracks would not run next to schools and under football stadiums.

Last summer, environmental watchdog group ForestEthics released a map of North America that shows probable oil train routes. Using Google, anyone can check to see if their home or office is near an oil train route. (Try it out here.)

ForestEthics used census data to calculate that more than 25 million Americans live in the oil train blast zone (that being the one-mile evacuation area in the case of a derailment and fire.) This is clearly a risk not worth taking — oil trains are the Pintos of the rails. Most of these trains are a mile long, pulling 100-plus tank cars carrying more than 3 million gallons of explosive crude. Two-thirds of the tank cars used to carry crude oil today were considered a “substantial danger to life, property, and the environment” by federal rail safety officials back in 1991.

The remaining one-third of the tank cars are not much better — these more “modern” cars are tested at 14 to 15 mph, but the average derailment speed for heavy freight trains is 24 mph. And it was the most “modern” tank cars that infamously derailed, caught fire, exploded and poisoned the river in Lynchburg, Virginia last May. Other derailments and explosions in North Dakota and Alabama made national news in 2014.

The most alarming demonstration of the threat posed by these trains happened in Quebec in July 2013 — an oil train derailed and exploded in the City of Lac Megantic, killing 47 people and burning a quarter of the city to the ground. The fire burned uncontrollably, flowing through the city, into and then out of sewers, and into the nearby river. Firefighters from across the region responded, but an oil fire cannot be fought with water, and exceptionally few fire departments have enough foam flame retardant to control a fire from even a single 30,000 gallon tank car, much less the millions of gallons on an oil train.

Given the damage already done and the threat presented, Canada immediately banned the oldest of these rail cars and mandated a three-year phase-out of the DOT-111s. More needs to be done, but this is a solid first step. Of course, we share the North American rail network — right now those banned trains from Canada may very well be transporting oil through your home town while the Department of Transportation dallies.

The immense public risk these oil trains pose is starting to gain the attention it deserves, but not yet the response. Last summer, the U.S. federal government began the process of writing new safety regulations. Industry has weighed in heavily to protect its interest in keeping these trains rolling. The Department of Transportation, disturbingly, seems to be catering to industry’s needs.

The current draft rules are deeply flawed and would have little positive impact on safety. They leave the most dangerous cars in service for years. Worse yet, the oil industry would get to more than double its tank car fleet before being required to decommission any of the older, more dangerous DOT-111s.

We need an immediate ban on the most dangerous tank cars. We also need to slow these trains down; slower trains mean fewer accidents, and fewer spills and explosions when they do derail. The public and local fire fighters must be notified about train routes and schedules, and every oil train needs a comprehensive emergency response plan for accidents involving explosive Bakken crude and toxic tar sands. In addition, regulations must require adequate insurance. This is the least we could expect from Secretary Anthony Foxx, who travels a lot around the country, and the Department of Transportation.

So far, Secretary Foxx is protecting the oil industry, not ordinary Americans. In fact, Secretary Foxx is meeting with Canadian officials this Thursday, December 18, to discuss oil-by-rail. It is doubtful, considering Canada’s strong first step, that he will be trying to persuade them to adopt even stronger regulations. Will Secretary Foxx ask them to weaken what they have done and put more lives at risk? Time will tell. He has the power, and the mandate, to remove the most dangerous rail cars to protect public safety but he appears to be heading in the opposite direction. Earlier this month ForestEthics and the Sierra Club, represented by EarthJustice, filed a lawsuit against the DOT to require them to fulfill this duty.

Secretary Foxx no doubt has a parade of corporate executives wooing him for lax or no oversight. But he certainly doesn’t want to have a Lac Megantic-type disaster in the U.S. on his watch. It is more possible now than ever before, given the massive increase in oil-by-rail traffic.

Pipelines, such as the Keystone XL, are not the answer either. (Keystone oil would be routed for export to other countries from Gulf ports.) Pipelines can also leak and result in massive damage to the environment as we have seen in the Kalamazoo, MI spill by the Enbridge Corporation. Three years later, $1.2 billion spent, and the “clean up” is still ongoing.

Here’s the reality — we don’t need new pipelines and we don’t need oil by rail. This is “extreme oil,” and if we can’t transport it safely, we can and must say no. Secretary Foxx needs to help make sure 25 million people living in the blastzone are safe and that means significant regulations and restrictions on potentially catastrophic oil rail cars.

Rather than choosing either of these destructive options, we are fortunate to be able to choose safe, affordable cleaner energy and more efficient energy products, such as vehicles and furnaces, instead. That is the future and it is not a distant future — it’s happening right now.

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