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

Bakken Crude, CPC-1232, Crude By Rail, DOT-111, Environmental review, Explosion, Federal Regulation (U.S.), Rail Safety, Tank car retirement, Tank car retrofit, Valero Benicia Refinery, Valero Crude By Rail, Volatility, West Coast refineries

New rules for crude-by-rail transport fall short

Repost from SFGate (San Francisco Chronicle)

New rules for crude-by-rail transport fall short

By Lois Kazakoff on May 1, 2015 5:50 PM
Oil imports by rail account for just about 1 percent of total shipments to California refineries, but they are rising rapidly. Above, trains at a Union Pacific yard in Bloomington, Calif.
California moves to prevent spills of oil shipped by trains – Oil imports by rail account for just about 1 percent of total shipments to California refineries, but they are rising rapidly. Above, trains at a Union Pacific yard in Bloomington, Calif. Photo By Irfan Khan/Los Angeles Times/MCT

The U.S. Department of Transportation unveiled new rules on transporting crude oil by rail Friday that set a timeline to get old-technology, easily punctured tank cars off U.S. and Canadian rail lines but fail to address the explosive nature of the Bakken crude that sparked the public’s concerns to begin with.

While the new rules are a step toward safer rail transport, it is a disappointing decision for the dozens of communities the oil trains roll through on the way to West Coast refineries. The new rules get the old DOT-111 cars off the rails over the next three years, and beef up the steel gauge required to construct the new CPC-1232 cars. But the Department of Transportation itself noted nearly a decade ago that the old cars punctured in minor, low-speed collisions. The new rules should have immediately banned them rather than phasing them out.

Most distressing is that the new rules do not set a standard for the volatility of what goes in the tank cars. Lower volatility would reduce the risk of explosions. Crude extracted from the Bakken Oil Shale is significantly more volatile than other types of petroleum — a fact the Department of Transportation has acknowledged and the public became aware of in July 2013 when a train carrying Bakken crude exploded in Lac Megantic, Ontario.

The new rules will do little to allay the worries of residents in Davis, Martinez and Pinole, where railroad tracks crisscross streets, or in Benicia, where Valero has applied for permission to retrofit its refinery to receive crude by rail in addition to crude by tanker ship. Valero has proposed moving the oil in the CPC-1232 cars, limiting oil trains to 50 cars rather than the more standard unit of 100 cars, and reducing train speeds in town. The City of Benicia is expected to release the draft environmental impact report on the project June 30.

Bills introduced in the House and the Senate this month would address these concerns, and more, notably requirements to notify first responders in real time when the trains are coming through. The new department rules require a railroads to provide a telephone number for first responders to call but do not require notification.

“These rules do not go far enough in addressing the safety concerns posed by trains transporting highly volatile crude oil through the heart of our communities,” said Rep. Mike Thompson, D-St. Helena. “We need to put robust, comprehensive safety measures in place that will help make sure communities are safe, rail cars meet the strongest possible standards, and first responders are prepared in the event of an emergency. DOT’s rules do not sufficiently address these issues and so Congress should act to put safety measures in place.”

Action in Congress this month presaged the announcement of the new less-than-adequate Department of Transportation regulations.

Thompson’s bill, introduced April 15 and co-authored with Reps. Jim McDermott, D-Wash., Doris Matsui, D-Sacramento, and Ron Kind, D-Wis., would require volatility standards and weekly communications between first responders and railroad officials about crude oil trains.

In the Senate, Sens. Dianne Feinstein, D-San Francisco, Ron Wyden, D-Ore., and Jeff Merkley, D-Ore., introduced legislation April 30 to protect communities from oil train accidents, focusing on communication with first responders.

Last year saw a record 144 rail accidents in the U.S., up from just one in 2009. The volume of oil cars, however, has increased by 4000 percent since 2008.

Rep. Thompson has it right: Congress needs to step in and demand better protections for communities on the rail lines.

CPC-1232, Crude By Rail, Derailment, DOT-111, DOT-117, Explosion, Federal Regulation (U.S.), Fire, High Hazard Flammable Trains (HHFTs), Rail Safety, Tank car design

NY Times: U.S. Sets New Rules for Oil Trains – Sen. Schumer: DOT gave railroads too much time to remove unsafe cars

Repost from the New York Times

U.S. Sets New Rules for Oil Shipments by Rail

By Jad Mouawad

An oil train in Everett, Wash. There have been five explosions and spills involving oil trains this year, four in the United States and one in Canada. Credit Elaine Thompson/Associated Press

Ending months of delays and uncertainty, federal regulators on Friday disclosed new rules for safer transportation of crude oil by trains, introducing a new tank car standard and mandating the use of new braking technology.

The regulations, more than two years in the making, followed a spate of derailments, oil spills and fiery explosions involving oil trains around the country that have highlighted the risks involved in shipping large quantities of explosive material on rails through cities.

The rules state that the oldest, least safe tank cars should be replaced within three years with new cars that have thicker shells, higher safety shields and better fire protection. A later generation of tank cars, built since 2011 with more safety features, will have to be retrofitted or replaced by 2020.

It is the second time in weeks that the Department of Transportation has announced new rules for rail shipments to instill public confidence. Last month, it set lower speed limits for oil trains going through urban areas.

There have been five explosions and spills this year alone, four in the United States and one in Canada. In July 2013, 47 people died in Canada after a runway train derailed and exploded in the city of Lac-Mégantic, Quebec.

“I am hopeful the rail industry will accept this rule, and will follow this rule,” Transportation Secretary Anthony Foxx said at a news conference in Washington. He appeared with Canada’s transport minister, Lisa Raitt, who said Canadian and American regulation would be aligned.

There has been growing pressure from local governments, members of Congress, safety experts and environmental advocates for federal action. The question before the administration was to determine what level of protection the new generation of cars should have and how quickly to roll them out.

The new rules create a new standard, “high-hazard flammable trains,” defined as “a continuous block of 20 or more tank cars loaded with flammable liquid or 35 or more tank cars loaded with a flammable liquid dispersed through a train.”

By 2018, the rule would phase out older tank cars, DOT-111s, long known to be ill suited for transporting flammable material. A newer generation of cars, known as CPC-1232, would have to be retired or refitted to meet the new standard, DOT-117, by 2020.

All cars built under the DOT-117 standard after Oct. 1, 2015, will have a thicker nine-sixteenths-inch tank shell, a one-half-inch shield running the full height of the front and back of a tank car, thermal protection and improved pressure-relief valves and bottom outlet valves.

Regulators retreated from a provision that would have forced railroads to notify communities of any oil train traffic. Instead, railroads will be required to have a “point of contact” for information related to the routing of hazardous materials.

Some critics asserted after Friday’s announcement that the regulations would do little to prevent another spill or explosion while older cars remained in operation.

On Thursday, seven senators, including Charles E. Schumer, Democrat of New York, unveiled a bill that would seek to impose a $175 per shipment fee on older cars to speed up their removal from service.

Senator Schumer said Friday’s announcement gave railroads too much time to remove older cars from service.

“The good news is that the standards are predictable, but the bad news is that the phaseout time is too lenient,” he said. “Our railroads are changing, and are getting much busier because of all this oil business, and they will have to adapt. They can’t do it the old way.”

The Association of American Railroads said it backed the new tank car requirements but objected to a requirement that railroads should adopt new electronically controlled pneumatic brakes, or E.C.P., starting in 2021 for oil trains.

“The D.O.T. couldn’t make a safety case for E.C.P. but forged ahead anyway,” Edward R. Hamberger, the president and chief executive of the Association of American Railroads, said in a statement. “I have a hard time believing the determination to impose E.C.P. brakes is anything but a rash rush to judgment.”

CPC-1232, Crude By Rail, Derailment, DOT-111, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), Fire, Hazmat notification, High Hazard Flammable Trains (HHFTs), Positive Train Control, Rail routing, Tank car retirement, Tank car retrofit, Train speed, Volatility

Expert comments on new DOT rules – Dr. Fred Millar

Repost of an email from Fred Millar
[Editor:  Dr. Fred Millar is a policy analyst, researcher, educator, and consultant with more than three decades of experience assessing the risks associated with transporting hazardous materials.  More about Fred here on p. 3 of his Comment on Valero Benicia’s crude by rail proposal.  – RS]

NEW REGULATIONS: DOT Canada joint announcement  – Comments and notes

By Fred Millar, May 1 2015

Full Final Rule: http://www.dot.gov/sites/dot.gov/files/docs/final-rule-flammable-liquids-by-rail_0.pdf

1.      The US/Canada announcement of harmonized new safety regulations for trying to prevent Crude by Rail disasters falls far short of what is needed and yields another clear indicator of how industry lobbying weakens efforts for any significant and effective government regulation.

Senator Cantwell [D-WA] has bluntly stated: “This new DOT rule is just like saying let the oil trains roll. It does nothing to address explosive volatility, very little to reduce the threat of rail car punctures, and is too slow on the removal of the most dangerous cars. It’s more of a status quo rule than the real safety changes needed to protect the public and first responders.”

2.      Safety-minded DOT staffers have often in public forums and in regulatory documents pointedly highlighted important safety issues with High Hazard Flammable Trains [HHFT].   But DOT Secretary Foxx’s ongoing rollouts of painfully limited regulatory proposals keep coming even after the staff’s own public statements [e.g., by Karl Alexy] and their regulatory documents. For example, the July 2014 Draft Regulatory Impact Analysis clearly predicts an alarming level of expected ongoing derailment disasters, but this is apparently a level which industry considers an acceptable cost of doing business when the current basic industry practices are not significantly altered.

The most clearly disappointing aspects of the new Final Rule involve:

  • Train speed: these high allowed speed limits [which the railroads have already adopted voluntarily] would ensure ongoing derailment punctures of even the newer tank cars.
  • Routing: simply extending the existing ineffective and secret rail urban routing regime to HHFTs means railroads are free to keep our cities and sensitive environmental areas at high risk, and keeping the public in the dark about those risks.
  • Retrofit schedules extending in some cases ten years, to 2023.
  • Volatility – not addressed at all.

********************************************

Intense negotiations have occurred behind the scenes regarding what safety measures  industry and governments can agree are feasible and economically practical, e.g., regarding how short regulators can make a mandated deadline for costly safety retrofits of the approximately 100,000 existing inadequate tank cars in the mile-long High Hazard Flammable Trains.

3.   A previous rail car safety crisis illuminates the political nature of the regulatory decisions as to what safety measures will be considered feasible.   In the 1970s, US DOT at first ordered the manifestly unsafe pressurized tank cars [more robust than the DOT-111s ], carrying cargoes such as chlorine, ammonia and propane, to be retrofit with various upgrades within two to four years. When the tank cars kept exploding, however, with one 1977 blast in Waverly TN killing 16 ill-trained firefighters, DOT hastily shortened the mandated retrofits deadlines to one to two years.

4.   These long-overdue HHFT regulations that US DOT rolls out [nearly 2 full years after the Lac-Megantic Quebec tragedy with 47 dead] are designed to look vigorous, but will not deliver significant improvements in any of the most-needed safety measures to prevent ongoing disasters:

    • Volatility reduction – Obama already punted on this to 3 ND regulators, awash in oil money
    • Emergency response capabilities
    • Tank car design
    • Train Speed
    • Risk-reduction routing
    • Risk Information to the public – as NTSB has pointed out should be a key element in undergirding serious safety measures and emergency response planning

5.   The context here is notable: ongoing fireball disasters with Crude Oil Trains in Canada and the US, with the newest design of tank cars, the CPC-1232s, releasing their contents in several.

Even an eminently railroad-friendly commentator in the rail industry’s own Trains Magazine – Fred Frailey – is frustrated by railroads’ failure to decisively to prevent the spate of CBR disasters… He says the North American public is rightly alarmed by the massive crude oil trains as they see that “Railroads aren’t good at keeping them on the tracks.” [May 2015 issue]

Similar railcar disaster crises in the past alarmed the public and prompted Congress and regulators to beef up safety:

An excerpt:

Many tank cars that were built starting in the 1960s were designed to carry as much cargo as possible, which meant thin shells that could easily puncture or rupture in a derailment. While economical, the designs proved disastrous in a number of horrific incidents involving toxic and flammable gases.

The deaths of numerous railroad workers and emergency responders in the 1970s spurred regulators and the industry to improve the safety of the pressurized tank cars used to transport “all kinds of exotic materials that cause battlefield-like damage,” NTSB official Edward Slattery told The Associated Press in 1978.

Six weeks after 16 people were killed in Waverly, Tenn., including the town’s police and fire chiefs, when a tank car filled with propane exploded following a train derailment, the NTSB convened an emergency hearing in Washington. Nearly 50 witnesses testified, including mayors, emergency responders, railroad executives, private citizens and a young state attorney general from Arkansas named Bill Clinton.

“Every month in which unprotected tank cars ride the rails increases the chances of another catastrophic hazardous-materials accident,” said James King, then the NTSB’s chairman, in opening the hearing on April 4, 1978.

By the early 1980s, pressurized cars were equipped with puncture-resistant shields, fire-resistant thermal insulation and devices to help the cars stay coupled in derailments, reducing the risk that they could strike and puncture each other.

An industry study found that the retrofits made a big difference within six years. Punctures of the car’s heads – the round shields at each end of the car – fell by 94 percent. Punctures in the car’s shell – its cylindrical body – fell 67 percent. Ruptures due to fire exposure fell by 93 percent.

Additional changes in railroad operating practices, track maintenance and training for emergency response personnel reduced the frequency and severity of accidents.

The non-pressurized DOT-111A, however, was left mostly unaltered. Upgrades probably weren’t necessary when the cars were carrying benign products such as corn syrup or vegetable oils, but regulators also allowed the cars to transport flammable and corrosive materials.

In accident after accident over the next three decades, the NTSB repeatedly referred to the cars’ shortcomings.

“The inadequacy of the protection provided by DOT-111A tank cars for certain dangerous products has been evident for many years,” the NTSB wrote the Federal Railroad Administration in a letter dated July 1, 1991.

Read more here: http://www.mcclatchydc.com/2014/01/27/215650/railroad-tank-car-safety-woes.html#storylink=cpy

CPC-1232, Crude By Rail, DOT-111, Emergency Readiness & Response, Ethanol, Federal Regulation (U.S.), Hazmat notification, Public Safety, Rail Safety, Train inspection, Train length, Train speed

In case you missed it last week: Fed emergency order, advisories & notices on safety of hazmat trains

Repost from NBC12 Richmond, VA
[Editor: You would NOT BELIEVE the NUMBER of news stories on the Friday 4/17 release of federal orders by the DOT, FRA and PHMSA.  I won’t post a long list here – for a sample, just Google “oil train speed” and look through the 9,800 hits when you limit results to NEWS in the last week!  Better: just read the summary below.  For a good critique, see Law360.com’s “Enviro Groups Call DOT’s Oil Train Speed Limit ‘Toothless'”.   – RS]

Agencies coordinate actions to increase safe transportation of energy products

By Mike McDaniel, Updated: Apr 20, 2015 6:37 AM PDT

The U.S. Department of Transportation (DOT) announces with its agencies, the Federal Railroad Administration (FRA) and Pipeline and Hazardous Materials Safety Administration (PHMSA), a package of targeted actions that will address some of the issues identified in recent train accidents involving crude oil and ethanol shipped by rail.  The volume of crude oil being shipped by rail has increased exponentially in recent years, and the number of significant accidents involving trains carrying ethanol or crude oil is unprecedented.

“The boom in crude oil production, and transportation of that crude, poses a serious threat to public safety,” stated U.S. Transportation Secretary Anthony Foxx. “The measures we are announcing today are a result of lessons learned from recent accidents and are steps we are able to take today to improve safety. Our efforts in partnership with agencies throughout this Administration show that this is more than a transportation issue, and we are not done yet.”

These actions represent the latest in a series of more than two dozen that DOT has initiated over the last nineteen months to address the significant threat to public safety that accidents involving trains carrying highly flammable liquids can represent. Today’s announcement includes one Emergency Order, two Safety Advisories, and notices to industry intended to further enhance the safe shipment of Class 3 flammable liquids.

Actions

  1. Preliminary investigation of one recent derailment indicates that a mechanical defect involving a broken tank car wheel may have caused or contributed to the incident.  The Federal Railroad Administration is therefore recommending that only the highest skilled inspectors conduct brake and mechanical inspections of trains transporting large quantities of flammable liquids, and that industry decrease the threshold for wayside detectors that measure wheel impacts, to ensure the wheel integrity of tank cars in those trains.
  2. Recent accidents revealed that certain critical information about the train and its cargo needs to be immediately available for use by emergency responders or federal investigators who arrive on scene shortly after an incident.   To address the information gap, DOT is taking several actions to remind both the oil industry and the rail industry of their obligation to provide these critical details
  • PHMSA is issuing a safety advisory reminding carriers and shippers of the specific types of information (*listed below) that they must make immediately available to emergency responders;
  • FRA and PHMSA are issuing a joint safety advisory requesting that specific information (*listed below) also be made readily available to investigators;
  • FRA is sending a request to the Association of American Railroads asking the industry to develop a formal process by which this specific information (*listed below) becomes available to both emergency responders and investigators within 90 minutes of initial contact with an investigator, and;
  • FRA submitted to the Federal Register a notice proposing to expand the information collected on certain required accident reports, so that information specific to accidents involving trains transporting crude oil is reported.
  1. DOT has determined that public safety compels issuance of an Emergency Order to require that trains transporting large amounts of Class 3 flammable liquid through certain highly populated areas adhere to a maximum authorized operating speed limit of 40 miles per hour in High Threat Urban Areas. Under the EO, an affected train is one that contains: 1) 20 or more loaded tank cars in a continuous block, or 35 or more loaded tank cars, of Class 3 flammable liquid; and, 2) at least one DOT Specification 111 (DOT-111) tank car (including those built in accordance with Association of American Railroads (AAR) Casualty Prevention Circular 1232 (CPC-1232)) loaded with a Class 3 flammable liquid.

“These are important, common-sense steps that will protect railroad employees and residents of communities along rail lines.  Taking the opportunity to review safety steps and to refresh information before moving forward is a standard safety practice in many industries and we expect the shipping and carrier industries to do the same,” said Acting FRA Administrator Sarah Feinberg.

“Our first priority is to prevent these accidents from ever happening,” stated Acting PHMSA Administrator Tim Butters.  “But when accidents do occur, first responders need to have the right information quickly, so we are reminding carriers and shippers of their responsibility to have the required information readily available and up to date.”

The actions taken today coincide with actions being taken by other government agencies including the Department of Homeland Security (DHS), the Federal Emergency Management Agency (FEMA), the Environmental Protection Agency (EPA), and the Department of Energy (DOE).

*Information required by PHMSA Safety Advisory

  • Basic description and technical name of the hazardous material  the immediate hazard to health;
  • Risks of fire or explosion;
  • Immediate precautions to be taken in the event of an accident;
  • Immediate methods for handling fires;
  • Initial methods for handling spills or leaks in the absence of fire;
  • Preliminary first aid measures; and
  • 24-hour telephone number for immediate access to product information.

*Information sought by U.S. DOT in the event of a crude-by-rail accident:

  • Information on the train consist, including the train number, locomotive(s), locomotives as distributed power, end-of-train device information, number and position of tank cars in the train, tank car reporting marks, and the tank car specifications and relevant attributes of the tank cars in the train.
  • Waybill (origin and destination) information
  • The Safety Data Sheet(s) or any other documents used to provide comprehensive emergency response and incident mitigation information for Class 3 flammable liquids
  • Results of any product testing undertaken prior to transportation that was used to properly characterize the Class 3 flammable liquids for transportation (initial testing)
  • Results from any analysis of product sample(s) (taken prior to being offered into transportation) from tank car(s) involved in the derailment
  • Date of acceptance as required to be noted on shipping papers under 49 CFR § 174.24.
  • If a refined flammable liquid is involved, the type of liquid and the name and location of the company extracting the material
  • The identification of the company having initial testing performed (sampling and analysis of material) and information on the lab (if external) conducting the analysis.
  • Name and location of the company transporting the material from well head to loading facility or terminal.
  • Name and location of the company that owns and that operates the terminal or loading facility that loaded the product for rail transportation.
  • Name of the Railroad(s) handling the tank car(s) at any time from point of origin to destination and a timeline of handling changes between railroads.

Since 2013 there have been 23 crude-related train accidents in the United States with the majority of incidents occurring without the release of any crude oil product.  The actions taken today can be found at the following link:

All documents are available at:http://www.phmsa.dot.gov/hazmat/osd/chronology.