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

Federal Regulation (U.S.), Oil stabilization, Positive Train Control, Rail inspection, Tank car retirement, Tank car retrofit, Train speed

Rules on oil train, pipeline safety not moving fast enough, lawmakers say

Repost from The Tri-City Herald

Rules on oil train, pipeline safety not moving fast enough, lawmakers say

By Curtis Tate, McClatchy Washington Bureau, April 14, 2015

A chorus of lawmakers expressed frustration Tuesday with the delays in approving and implementing various regulations related to the movement of hazardous materials by rail and pipeline.

The acting chiefs of two U.S. Department of Transportation agencies heard Republicans and Democrats in the House Transportation Committee complain that rules on railroad tank cars and oil and gas pipelines had been on the table for as long as four years.

“It’s just unacceptable,” said Rep. Michael Capuano, D-Mass., the ranking member of the Subcommittee on Railroads, Pipelines and Hazardous Materials.

Sarah Feinberg of the Federal Railroad Administration and Tim Butters of the Pipeline and Hazardous Materials Safety Administration noted that they have little choice but to work within a multi-step process that involves public comment, industry participation and multiple layers of review by the White House Office of Management and Budget.

“It’s not built for speed,” Feinberg testified. “I wish that it was.”

Butters said that his agency had received 30,000 comments on its proposed rule to improve the safety of oil trains. He said the agency needed to evaluate them as part of its process.

“We have to go through all of those,” he said. “And that takes time.”

But a series of train derailments and pipeline failures in recent years has caught the attention of members of Congress, who are hearing concerns from their constituents.

“That’s just an excuse,” said Rep. Jeff Denham, R-Calif., the panel’s chairman. “Four years is too long.”

Last week, Feinberg visited Denham’s district in Central California to discuss pending rules on the construction of tank cars used to carry flammable liquids, the way the trains are operated and the way the tracks are inspected and maintained.

She also visited the Sacramento-area district of Rep. John Garamendi, a Democrat who last month introduced legislation to regulate the volatility of crude oil loaded into tank cars. Texas and North Dakota, the nation’s leading oil producers, currently set such limits.

Garamendi proposed that the committee write the new rules into the larger surface transportation bill Congress needs to pass this year.

“We could write laws that protect the public,” he said. “Why don’t we do that?”

Acts of Congress don’t always make things go faster. In 2008, lawmakers mandated that railroads install a GPS-based collision-avoidance system called Positive Train Control by the end of 2015. But the nation’s freight and passenger railroads are likely to miss the Dec. 31 deadline.

Once the new oil train rules become final, it could take years to retrofit or replace tens of thousands of tank cars used to transport the country’s supply of crude oil and ethanol.

As a sign of how slowly the process moves, Capuano noted that BNSF, the nation’s biggest hauler of crude oil in trains, has gotten ahead of regulators by voluntarily lowering train speeds, increasing track inspections and encouraging shippers to use better tank cars.

“Whose butt do we have to kick?” he asked. “Whose budget do we have to cut? Whose budget do we have to enhance to make this work?”

Crude By Rail, Hazmat notification, Refinery security

Washington State bill: Report volume, contents of oil trains

Repost from SeattlePI.com

State House bill: Report volume, contents of oil trains

By Joel Connelly, April 14, 2015

A bill that would require “comprehensive reporting” of the volume and specific contents of oil trains crossing Washington was passed on a bipartisan vote by the state House of Representatives on Tuesday.

Oil tanker cars derailed under the Magnolia Bridge. No harm done, but not the case elsewhere.
Oil tanker cars derailed under the Magnolia Bridge. No harm done, but not the case elsewhere.

The legislation goes to the Republican-run state Senate, where key committee chairs enjoy much closer relationships with railroads and oil refiners.

“The House has passed these urgently needed policies with bipartisan support, twice. Delay on the part of the Senate is unacceptable,” said Joan Crooks, CEO of the Washington Environmental Council and Washington Conservation Voters.

(Washington Conservation Voters tried in 2014 to defeat several oil industry allies in the Senate, but lost every high-profile race.)

The legislation, passed on a 58-40 vote, requires that shippers and receivers give cargo data to first responders, but goes further and establishes a website for members of the public to access the information.

Washington Fire Chiefs, in letters sent last month to railroads, asked BNSF, Union Pacific and Canadian National to supply “Comprehensive Emergency Response Plans” and “Worst Case Scenarios” on an oil train accident.

BNSF has responded by offering the chiefs a meeting.

If there is such a response plan or plans, “I haven’t seen it,” new Seattle Fire Chief Harold Skoggins told a news conference with Sen. Maria Cantwell and Seattle Mayor Ed Murray last week.

“It would be nice were there a system created where we would be notified when this material is traveling through our city,” Skoggins added.

The railroads have been reticent about releasing cargo information, citing national security concerns and privately voicing fear of protests.

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. (AP Photo/The Register-Herald, Steve Keenan)
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. (AP Photo/The Register-Herald, Steve Keenan)

BNSF has, however, released information on the upgrading of tracks and investment in newer, safer oil tanker cars.

The House legislation goes further, directing rule making for such measures as tug escorts when hazardous cargoes are transported by water.  It directs the state to inspect rail crossings and push for repairs.

And it would require oil companies to pay for increased oil spill prevention, preparedness and response.

Just two and a half years have passed since the first oil train, carrying Bakken crude oil from North Dakota, passed through Seattle en route to refineries in northern Puget Sound.

The state now sees about 19 oil trains a week.  At least a dozen pass along the Seattle waterfront, through a mile-long tunnel, and past the stadium homes of the Seattle Seahawks, Seattle Mariners and Seattle Sounders.

The BNSF has trained Seattle firefighters on oil tanker cars brought to a site in Interbay.  But any serious fire would require a major response from numerous fire departments.

The legislation in Olympia has been inspired, in part, by the long delay in getting new oil train safety rules — such as getting old, unsafe tanker cars off the tracks — out of the U.S. Department of Transportation.

The U.S. and Canada have seen a series of oil train fires in recent months.  A runaway train wiped out the center of Lac-Megantic, Quebec, killing 47 people.  A train blew up near New Casselton, North Dakota, luckily in an unpopulated area.  In February, there were major accidents and fires in West Virginia, Illinois and Ontario.

Sen. Cantwell is sponsoring federal legislation that would require railroads and oil companies to disclose routes and vapor content of trains to first responders.

Eventually, the senator warned last week, Puget Sound population centers could see up to 16 trains a day.

Crude By Rail, Derailment, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), Hazmat notification, Local Regulation, Rail Safety, Reid vapor pressure levels, State regulation, Volatility

Davis Enterprise: Garamendi calls for greater Bakken oil-by-rail safety

Repost from The Davis Enterprise
[Editor:  Significant quote: “‘DOT began working on updated rules in April of 2012 and from 2006 to April of 2014, a total of 281 tank cars derailed in the U.S. and Canada, claiming 48 lives and releasing almost 5 million gallons of crude and ethanol,’ the letter reads.  ‘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.'”   That said, Mayor Wolk joined the long list of officials who say they don’t want to STOP oil trains, only make them “safer.”  Good luck.  More photos here.  – RS]

Garamendi calls for greater Bakken oil-by-rail safety

By Dave Ryan, April 9, 2015
Rail1W
Davis Mayor Dan Wolk speaks at a news conference Wednesday organized by Rep. John Garamendi, D-Walnut Grove, to promote the congressman’s legislation that aims to reduce the volatility of Bakken crude oil. As many as 100 tank cars filled with the volatile oil could come through Davis every day if a proposed Valero oil refinery expansion is OK’d. Sue Cockrell/Enterprise photo

Rep. John Garamendi, D-Walnut Grove, called for less volatile Bakken crude oil — which is transported across the country by rail — on Wednesday morning, using the backdrop of the Davis Amtrak station to drive his point home.

Garamendi introduced the Bakken Crude Stabilization Act on March 26 in a bid to protect what he said are 16 million Americans living and working near railroad shipment lines. If approved, the bill will require lower vapor pressure for transported Bakken crude to reduce its volatility, a practice currently required in Texas and to some degree in North Dakota.

An oil tanker rumbles past the Davis train depot at Second and H streets Wednesday morning, interrupting a news conference organized by Rep. John Garamendi, D-Walnut Grove, to address oil-by-rail safety. Sue Cockrell/ Enterprise photo

Vapors like propane and butane add to the unstable nature of Bakken crude during train derailments.

On Wednesday, Garamendi and other government officials explained why requiring more safety for railroad tank cars is essential to communities along rail lines like Davis and Fairfield, should there be an explosion. As if on cue, freight trains carrying black tank cars rumbled by as Garamendi spoke.

“You’d wipe out downtown Davis and possibly hundreds of people,” he said, adding that stripping out volatile vapors would prevent a fireball rising what he said was a hundred feet in the air.

Solano County Supervisor Skip Thomson said there are refineries and pipelines in his county, but also populations along rail lines and an environmentally sensitive marshland.

“If we de-gas the oil, that is a huge thing for safety,” Thomson said. “We need to ask that legislation be passed. … We need to move this quickly.”

Environmental groups say Bakken crude oil is transported through Yolo and Solano counties along Union Pacific Railroad lines that run through Davis, Dixon, Fairfield and Suisun City on their way to the Valero oil refinery in Benicia. A proposal is pending before the Benicia City Council that could increase the number of rail tank cars moving through those cities, increasing shipments to about 70,000 barrels of oil a day in two, 50-car-long shipments.

So-called “up-rail” community groups are fighting the proposal, and local governments in Yolo and Solano counties are working for better safety and oversight of the Valero project, which is still in the environmental review process.

Davis Mayor Dan Wolk said local agencies’ goal in the Valero project is not to stop commerce, but to ensure that adequate safety measures are in place.

Meanwhile, at the state level, a warren of rules protecting rail commerce prohibit states and localities from enacting restrictions on rail traffic, leading to calls for the federal government to step in.

However, laws protecting railroads, some more than a century old, ensure that railroads have a strong hand in approving any new regulations that the federal Department of Transportation or the Federal Railroad Administration may impose on their industry. Most regulations are created by consensus with the railroads.

Garamendi said a legislative approach is the quickest way to get the railroads to implement safety standards.

“Every day we delay the implementation of a stronger safety standard for the transport of Bakken crude oil by rail, lives and communities are at risk,” the congressman said in a prepared statement released at the news conference.

“We need the federal government to step in and ensure that the vapor pressure of transported crude oil is lower, making it more stable and safer to transport. We also need to upgrade and ensure the maintenance of rail lines, tank cars, brake systems and our emergency response plans.”

Getting railroads to help beef up local safety planning is a big part of what state and local governments are trying to wring out of the rail industry. One key demand is to get the railroads to disclose to emergency first responders what is inside their tank cars.

In a March 3 letter to the U.S. Department of Transportation written by Garamendi and Congresswoman Doris Matsui, D- Sacramento, the pair said the need for safer train cars has long been documented and is overdue.

“DOT began working on updated rules in April of 2012 and from 2006 to April of 2014, a total of 281 tank cars derailed in the U.S. and Canada, claiming 48 lives and releasing almost 5 million gallons of crude and ethanol,” the letter reads.

“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.”

Asked Wednesday what the chances are of a railroad safety bill passing through a Republican-controlled Congress, Garamendi said “excellent,” evoking some chuckles from other government officials standing by.

 

Bakken Crude, CPC-1232, Crude By Rail, Ethanol, Explosion, Fire, Lynchburg VA, Rail Safety

Lynchburg VA Task Force issues 32 draft recommendations on railroad safety

Repost from WSLS 10, Roanoke VA

McAuliffe’s Railroad & Security Task Force presents draft of rail safety proposal

By Margaret Grigsby, Apr 09, 2015 5:18 PM
Flames and black smoke were seen at a train derailment in downtown Lynchburg in 2014.
Flames and black smoke were seen at a train derailment in downtown Lynchburg in 2014.

RICHMOND (WSLS 10) – Governor Terry McAuliffe’s Railroad Safety and Security Task Force presented its recommendations on railroad safety and how to protect lives, property and the environment at a meeting in Richmond Thursday. The task force was created after the Lynchburg train derailment in 2014. Its report is a result of eight months of research and input multiple sources.

In a draft of the group’s report are key findings of its investigation into the current state of rail safety in Virginia as well as recommendations on how to make the tracks safer for people and the environment. The report says Virginia railroads are generally safe, efficient and reliable, however recent derailments involving Bakken crude oil and other flammable liquids is cause for concern.

Included in the recommendations section of the draft were 32 items in the areas of planning, organization, training, information sharing, response, funding and regulatory/legislative. The recommendations covered everything from prioritization of areas where a derailment would have high impact to the purchase and implementation of training equipment and procedures.

Read the full report draft here.

In a statement released by the James River Association on the task force’s report draft, Policy Specialist for the JRA Adrienne Kotula said the recommendations were a “key step forward in addressing the risks posed by transporting crude oil by rail through Virginia.”

Kotula noted what the report lacks is focus on recommendations to prevent accidents through inspections of railways.

The report noted federal studies by the U.S. Department of Transportation conclude rail transport of crude oil and ethanol could result major financial and environmental damages. The report quotes the USDOT’s 2014 research, saying:

The analysis shows that expected damages based on the historical safety record could be $4.5 billion and damages from higher-consequence events could reach $14 billion over a 20-year period in the absence of the rule.

The final recommendations from the task force are set to be issued on April 30, the anniversary of the Lynchburg Bakken crude oil train derailment. The draft is available for public comment through April 19.