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

Bakken Crude, California Regulation, Canadian regulation, Derailment, DOT-111, Federal Regulation (U.S.), State regulation

National Round-up: Calls to Ban Bomb Trains Ramp Up While Communities Await New Regulations

Repost from DeSmogBlog

Calls to Ban Bomb Trains Ramp Up While Communities Await New Regulations

By Justin Mikulka, 2014-12-15
ban bomb trains

Earthjustice has challenged the Department of Transportation’s denial of a petition by Sierra Club and Forest Ethics to ban the transportation of Bakken crude oil in DOT-111 tank cars.

“Most of the explosive crude oil on U.S. rails is moving in tanker cars that are almost guaranteed to fail in an accident,” explained Patti Goldman of Earthjustice.

“The risks are too great to keep shipping explosive Bakken crude in defective DOT-111s. The National Transportation Safety Board called them unsafe two decades ago, and by the Department of Transportation’s own estimates, the U.S. could see 15 rail accidents every year involving these cars until we get them off the tracks.”

At the same time Earthjustice was bringing this challenge, the Canadian government was announcing that it will ban 3,000 of the riskiest DOT-111s from carrying materials like Bakken crude.

And in California, where last week a train carrying grain derailed into the Feather River, democratic state senator Jerry Hill called on Governor Jerry Brown to impose a moratorium on oil trains in the state. The Feather River rail line is also used for Bakken crude oil trains.

In Toronto, the new mayor called for an end to these dangerous trains passing through the city.

“I said during the campaign and I’ll repeat it now, that I think we should be moving in the direction, in negotiation with the railways and the federal government, to stop movement of toxic and dangerous substances through the city at all,” reported The Star.

Perhaps the fact that the new mayor isn’t smoking crack like his predecessor has something to do with this rather clear-headed assessment. You would, after all, have to be on crack to think running DOT-111s filled with Bakken crude through highly populated areas was an acceptable practice.

Meanwhile in Baltimore, residents are fighting a new proposal for an oil-by-rail facility that would bring these trains right through their neighborhoods.

In addition to calls for outright bans of the DOT-111s, two states recently released new studies about the oil train issue.

In New York, Governor Andrew Cuomo is looking for ways to fund the oil spill clean up fund for the state. The fund is projected to be in the red financially by 2016 and currently collects no fees from the oil companies transporting the Bakken and tar sands oil through the state. As many as 44 oil trains carrying at least 1,000,000 gallons of oil, and often more than 3,000,000 gallons, cross New York each week.

Cuomo criticized the federal government’s lack of movement on new oil-by-rail regulations referring to their progress as “unacceptably slow” according to The Record Online.

“Over the past six months, our administration has taken swift and decisive action to increase the state’s preparedness and better protect New Yorkers from the possibility of a crude oil disaster,” Cuomo said. “Now it is time for our federal partners to do the same.”

Cuomo’s self-assessment of New York’s actions didn’t impress oil train activists. Sandy Steubing of Albany, NY, based group PAUSE isn’t pleased with the state’s progress.

“The Governor’s response is lame; he’s either urging other entities like the railroad and the Federal government to protect New Yorkers or he’s trying to appear like the measures he’s taking will protect us,” Steubing said. “There’s not enough foam in the entire state to protect us from an explosive derailment the likes of which we’ve seen five times since July of 2013.”

Meanwhile in Washington State, the draft of the 500-page 2014 Marine and Rail Oil Transportation Study was released. The report contains some staggering growth projections for oil-by-rail transportation in the state, as reported by The News Tribune.

The Department of Ecology’s report estimates that 12.7 billion gallons of oil were moved through the state by rail in 2013 alone and says 19 trains of roughly 100 tank cars each are passing through the state each week today. It predicts that traffic could mushroom to 137 weekly trains by 2020 if all proposed oil terminals and refinery expansion projects are permitted and utilized.

Facing this onslaught of oil-by-rail traffic for the state, Washington’s Governor Jay Inslee is proposing a new tax on oil transported through the state by rail.

In North Dakota, the birthplace of the modern oil-by-rail industry, meaningless new rail regulations will keep the bomb trains rolling. There is also a legal battle going on between the town of Enderlin and the rail operator Canadian Pacific. Canadian Pacific moves as many as 28 trains through Enderlin every day. Many stop and block roads and traffic in Enderlin causing traffic delays one would expect in Los Angeles but not in a town of 900 people in North Dakota.

In response, the town council made it illegal for trains to stop for more than 10 minutes in town. Now the town is being sued by Canadian Pacific. Unfortunately for the residents of Enderlin, Canadian Pacific has a strong argument that many municipalities are learning about now that they have become the home to oil train operations.

Kansas interstate commerce attorney Bob Pottroff explained the reality to Reuters, “Right now cities don’t have the right to tell a railroad it can’t park in the middle of their town.” If Enderlin were to win, Pottroff predicted the result could have far reaching effects as other municipalities opted to take some level of control over rail traffic within their borders.

In the face of this widespread opposition to the dangers posed by the oil-by-rail industry, there just happens to be a new industry-funded study showing that no new regulations are warranted.

The Railway Supply Institute funded a report prepared by The Brattle Group that concludes that all of the proposed regulations may have benefits but in every case they have found that the costs outweigh these benefits. In addition to this conclusion, Natural Gas Intelligence reports that The Brattle Group proposes one of the other favorite industry tactics for delaying new regulations. More research.

As communities across the country await new oil-by-rail regulations and continue to hear about close calls regarding oil train accidents the level of opposition to the dangers of transporting explosive oil in DOT-111s continues to grow. Unfortunately for them, the lobbyists for Big Oil and Big Rail are still hard at work protecting their profits above all else.

Crude By Rail, Derailment, DOT-111, Emergency Readiness & Response, Evacuation, Federal Regulation (U.S.), Fire, Marine transport, Oil stabilization, State regulation, Tank car retirement, Tank car retrofit, Volatile gases

Albany NY Area officials say crude-oil transport is getting safer

Repost from The Press Republican, Plattsburgh, NY
[Editor: the safety improvements showcased here are far from adequate, nevertheless, it’s a good update on conditions in New York.  Sen. Schumer is absolutely right – the DOT-111 tank cars should be taken out of service immediately… and not just in New York.  And Bakken crude should be stabilized before it is transported (not just conditioned) … just as it is in Texas.  – RS]

Area officials say crude-oil transport is getting safer

Lohr McKinstry, December 6, 2014
A DOT-111 oil tank car sits on a siding in the Midwest. New York state is adopting tougher rules on use of the tank cars, which pass through Essex and Clinton counties enroute to Albany,

LEWIS — New state regulations on crude-oil trains should help make them safer, Emergency Services officials from Essex and Clinton counties said recently.

State agencies have implemented 66 actions designed to strengthen standards, regulations and procedures to make the transport of crude oil by rail and water in New York safer and to improve spill preparedness and response.

Gov. Andrew Cuomo received a status report outlining the progress made by multiple state agencies after they were directed to evaluate the state’s capacity to prevent and address crude-oil accidents.

Local leaders have been concerned about the 100-car-plus oil trains moving through Clinton and Essex counties as the crude oil extracted in North Dakota arrives via Canadian Pacific Railway trains.

The oil is on its way to the Port of Albany, where it is stored for transport to various refineries.

IMPROVEMENTS

Essex County Emergency Services Director Donald Jaquish said he sees the new procedures as a safety benefit to the North Country.

“It’s a step in the right direction,” he told the Press-Republican. “We’re in a better position than we were a year ago.”

There’s been concern the trains could derail, and the oil burn or explode, as it has in other regions, and Jaquish praised Canadian Pacific for trying to make the tracks and tank cars safer.

“Upgrading the DOT-111 tank cars, rail replacement and maintenance, and specialized training are all beneficial to safety.

“Canadian Pacific has been helping us with training, hands-on-experience, that first responders need for these situations.”

EVACUATION PRACTICE

The tank cars are not owned by Canadian Pacific but by oil companies and vendors, and as a federal common carrier, the railroad is required to transport them.

Both the railroad and federal regulators have pushed for upgrades to the DOT-111 single-shell cars or a switch to the stronger DOT-109 or 112 cars.

“In almost any situation we get, we will be doing evacuations,” Jaquish said. “We’ve been working with Clinton County on planning and implementation.”

Clinton County Emergency Services Director Eric Day said any improvements to the transport of oil cars are welcome.

“At the end of the day, what they’ve done is good, no question,” Day told the Press-Republican. “Any regulatory move to make the DOT-111 cars safer is a plus. It’s a long time coming.”

One problem is that there are thousands of DOT-111 tank cars still in service, he said.

“There are so many of them (DOT-111 cars) out there on the tracks. They’re not going to stop moving the oil before they fix the cars. The oil is not going to stop coming any time soon.”

STATE GUIDANCE

Day said enhanced state regulations on oil shipments will be helpful.

“If there are changes that are pushed upon them (shippers), it can only make it safer. We’ve seen some of the benefits of the state’s work with regard to planning,” he said.

“We have guidance now on firefighting potential on dealing with these things. There are so many variables. Multiple cars of this crude oil on fire are a different animal.”

He said that, thanks to a donation, they now have the foam needed for such fires. The expensive product costs $30,000 for 1,000 gallons of foam but puts out crude-oil-based fires.

VOLATILE GAS

The North Dakota Industrial Commission has proposed draft regulations to remove the volatile gases from the oil before it is shipped, and Day said that provision is a good one.

“One of the things that makes the Bakken crude so volatile are the gases in the oil. The gas works its way out and is stuck in the head space of the car. If they breech, there’s flammable gas; cars that aren’t breeched and heat up, the gas could expand and be a problem.

“Removing that gas is a possibility before they put in the cars and ship it. If they could do that, it’s a big win.”

FEDERAL ROLE

Cuomo called for the federal government to mandate tank-car upgrades or replacement.

“The federal government plays a vital role in regulating this industry, and Washington must step up in order to expedite the implementation of safer policies and rules for crude-oil transport,” he said in the release.

The governor said the oil-production industry has resisted stronger tank-car standards and regulations requiring companies to reduce the volatility of crude before shipment.

A new report from the Brattle Group for the Railroad Supply Institute, a trade group, showed that a proposed federal rule to upgrade rail-tank cars could cost $60 billion.

According to the report, the high price tag is largely due to the costs associated with potential modifications to tank cars, early retirement of existing tank cars, temporarily using trucks instead of rails for transport and lost service time for tank cars under modification or awaiting modification.

‘TIME BOMBS’

U.S. Sen. Charles E. Schumer (D-NY) has also come out against use of DOT-111 cars.

“These outmoded DOT-111 tank cars … are ticking time bombs that need to be upgraded ASAP,” the senator said in a news release.

“That is why for two years, since the tragedy at Lac-Megantic, I have pushed federal regulators to phase out and retrofit these cars.

“As a result of our efforts, the federal Department of Transportation has put a proposal on the table that could start taking these cars off the tracks within two years, as well as restrict the speeds at which these trains operate.”

On July 6, 2013, a 74-tank-car train carrying Bakken light crude derailed in Lac-Megantic, Quebec, and the tank cars exploded, killing 47 people, destroying 30 buildings and spilling 1.5 million gallons of heavy crude oil.

That disaster was followed by oil-train-explosion derailments in Alabama, North Dakota, Illinois and New Brunswick, Canada.

Crude By Rail, Derailment, Feather River Canyon, Union Pacific Railroad

Senator calls on Jerry Brown to halt crude oil trains in ‘treacherous’ California mountain passes

Repost from the Sacramento Bee
[Editor: See also KQED News: Call for Suspension of Crude-by-Rail Shipments After Feather River Derailment (including an embedded copy of Senator Hill’s letter).  – RS]

Senator calls on Jerry Brown to halt crude oil trains in ‘treacherous’ California mountain passes

By Tony Bizjak, 12/02/2014
A crude oil train operated by BNSF snakes its way west through James, Ca., just outside of the Feather River Canyon in the foothills into the Sacramento Valley on June 5, 2014.
A crude oil train operated by BNSF snakes its way west through James, Ca., just outside of the Feather River Canyon in the foothills into the Sacramento Valley on June 5, 2014. JAKE MIILLE SPECIAL TO THE BEE

Sen. Jerry Hill on Tuesday called on Gov. Jerry Brown to halt the transport of crude oil on trains and other hazardous materials “through our most treacherous passes.”

The request by Hill, D-San Mateo, comes in reaction to a corn train derailment last week in the Feather River Canyon that sent train cars and corn spilling down an embankment into the river. The cause of the derailment is under investigation.

The Feather River route through Plumas and Butte counties is used by at least one train a week carrying up to 2.9 million gallons of highly flammable Bakken crude oil from North Dakota. More crude oil trains are expected to be coming into the state in the next few years, most of them traversing mountains passes deemed “high-risk” for derailments by the state Public Utilities Commission. State officials have said they do not believe California is ready to deal with the consequences of a major oil spill and fire.

“This incident serves as a warning alarm to the state of California,” Hill wrote in a letter to the governor. “Had Tuesday’s derailment resulted in a spill of oil, the spill could have caused serious contamination” in Lake Oroville, the state’s second largest reservoir, a source of drinking water for millions in the state.

Other “high-risk” derailment sections in Northern California include UP lines outside of Dunsmuir and Colfax.

Mark Ghilarducci, director of the California Governor’s Office of Emergency Services, said the state cannot stop interstate commerce, but said the state needs to continue to work with the railroads to assure safer shipments. “These trains are going to come through,” he said. “We need to work together with the industry to put every safety precaution possible in place.”

Several environmental groups filed a petition Tuesday in San Francisco federal court seeking to force the federal government to ban older railroad cars – DOT-111s built before 2011 – from transporting crude oil. The U.S. Department of Transportation last month rejected the groups’ demand. DOT says it’s developing new guidelines that will phase out the older cars.

Crude By Rail, DOT-111, Federal Regulation (U.S.), Rail inspection, State regulation

NY Gov. Cuomo accuses federal officials of moving “unacceptably slow” on proposed rules

Repost from RecordOnline, Middletown, NY

Cuomo: Feds need to address crude-oil shipments by rail

By Leonard Sparks, Dec. 1, 2014

ALBANY – New York Gov. Andrew Cuomo called on the federal government to tighten rules governing crude-oil shipments by rail as the state released a report Monday documenting actions to protect Hudson River communities from derailment-related spills and explosions.

State rail inspectors uncovered more than 700 track and equipment defects and 12 hazardous material violations during seven inspection “blitzes” this year, according to the report, which documents New York’s progress in implementing 12 recommendations to improve safety.

Cuomo’s administration accuses federal officials of moving “unacceptably slow” on proposed rules to make crude shipments safer, including a proposal to phase-out the DOT-111 rail cars that many consider unfit for shipping oil.

“Over the past six months, our administration has taken swift and decisive action to increase the state’s preparedness and better protect New Yorkers from the possibility of a crude oil disaster,” Cuomo said. “Now it is time for our federal partners to do the same.”

Hydraulic fracturing has fueled a surge in U.S. oil production and the use of trains to carry highly flammable crude from the Bakken shale fields in North Dakota to Albany’s port. From there it is shipped by rail and water down the Hudson River valley.

On July 6, 2013, a train derailed at Lac-Megantic, a town in Quebec, Canada. Oil leaked from the train’s DOT-111 cars and ignited, causing explosions and the deaths of 47 people.

In February, a freight train pulling empty oil cars derailed in the Town of Ulster. Supervisor Jim Quigley said he has been vocal about upgrading the tank cars.

New York added five safety inspectors, began training local emergency responders and started the process of updating spill-response plans as part of a multipronged strategy to protect communities along shipment routes.

Last month, the state urged the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration to “expeditiously” remove DOT-111 cars from service or require they be retrofitted to carry oil.

Sen. Charles Schumer described the cars as “ticking time bombs.”

“I am pushing DOT to commit to the strongest of these regulations as soon as possible,” he said. “We can’t afford any delay.”