Category Archives: Cleanup funding

Riverkeeper sues U.S. DOT over oil train safety rules

Repost from The Times Union, State College, PA
[Editor: Note that this is a new filing, closely following the filing of May 14 by a coalition of environmental groups.  – RS]

Riverkeeper sues U.S. DOT over oil train safety rules

By Brian Nearing, May 18, 2015

The Hudson River environmental advocacy group Riverkeeper is challenging new U.S. Department of Transportation crude-by-rail standards in federal court, saying that they fail to protect the public and the environment from proven threats, according to a statement issued Monday.

The release states: Riverkeeper filed its lawsuit in the 2nd Circuit Court of Appeals in New York City on May 15, a little more than a week after the DOT issued a final tank car and railroad operation rule which had been the subject of scrutiny and controversy since its proposal in 2014. The suit closely follows another filed in the 9th Circuit Court of Appeals by a coalition of conservation and citizen groups that includes Earthjustice, Waterkeeper Alliance, ForestEthics and the Sierra Club.

The Hudson River and the Greater New York/New Jersey region, a thoroughfare for up to 25 percent of all crude shipments originating in the Bakken shale oil region, faces a daily risk of spills and explosions that could devastate communities, local economies, drinking water security, and the environment.

“These seriously flawed standards all but guarantee that there will be more explosive derailments, leaving people and the environment at grave risk,” Riverkeeper President Paul Gallay said. “The shortcomings are numerous, including an inadequate speed limit, unprotective tank car design, and time line that would allow these dangerous tank cars 10 more years on the rails. The DOT completely fails to recognize that we’re in the middle of a crisis – we don’t need bureaucratic half measures that are years away from implementation, we need common-sense protections today.”

Just this month, tank cars laden with crude oil derailed and exploded in Heimdal, North Dakota. Under the new DOT standards, the same type of cars that exploded in that disaster could stay in service hauling volatile crude oil for another five to eight years, or even indefinitely if they are used for tar sands.

Over the past several years, a series of fiery derailments, toxic spills, and explosions involving volatile crude and ethanol rail transport has caused billions in damages across North America. Crude-by-rail accidents threaten irreversible damage to waterways, many of which, like the Hudson River, serve as the source of drinking water for tens of thousands of people. This year alone,six oil-by-rail shipments have caught fire and exploded in North America. In July 2013, a derailment in Lac-Mégantic, Quebec, killed 47 people. The total liabilities for that rail disaster could easily reach $2.7 billion over the next decade.

Here are some of the ways the new safety standards fail to protect people and the environment:

• Hazardous cars carrying volatile crude oil can remain in service for up to 10 years.

• The rule rolls back public notification requirements, leaving communities and first responders in the dark about explosive crude oil tank cars rumbling through their towns.

• While new tank cars will require thicker shells to mitigate punctures and leaks, retrofit tank cars will be allowed to stay in use with a less protective design standard.

• Speed limits have been restricted only for “high threat urban areas,” but only two areas in New York have received that designation, Buffalo and New York City.

• The “high threat” category relates to cities seen as vulnerable to terrorist attacks by the Department of Homeland Security. It is unrelated to actual risks posed by crude-by-rail.

“Bomb” Trains: Hope is not enough

Repost from the Pottstown Mercury

LETTERS: Safety of ‘bomb trains’ is public health priority

By Dr. Lewis Cuthbert, 04/25/15, 2:00 AM EDT

The Mercury article of Feb. 23, “We just have to hope that nothing happens” has profound implications to everyone in the Greater Philadelphia Region. We applaud the March 1 Mercury editorial conclusion, “Clearly, hope is not enough to maintain safety…”

So-called “bomb trains” containing up to 3 million gallons of explosive, flammable, hazardous crude oil travel right through Pottstown and the Limerick Nuclear Plant Site. A derailment, explosion and days-long fire ball near Limerick’s reactors and deadly fuel pools could trigger simultaneous meltdowns with catastrophic radioactive releases. Millions of Greater Philadelphia Region residents could lose everything forever.

Days of thick black smoke from a crude oil fire could be devastating. Even Occidental Chemical’s large vinyl chloride accidents (seven-tenths of a mile from Limerick) caused problems at Limerick, according to employees, some of whom are very worried about crude oil train derailments.

Risks are increasing. Emergency responders are smart to be concerned. They shouldn’t be expected to be on the front lines of such devastating uncontrollable disasters.

Train derailment disasters should be anticipated. Sixty-five tank cars bound for Philadelphia had loose, leaking, or missing safety components to prevent flammable, hazardous contents from escaping (Hazmat report – last two years). A fuel-oil train already derailed a few miles from Philadelphia.

Heat from the rupture and ignition of one 30,000-gallon car can set off a chain reaction, causing other cars to explode, releasing a days-long fireball. Basically, responders must let it burn out.

Over 100 railcars, estimated to hold three million gallons, regularly sit on tracks from the Dollar General in Stowe to Montgomery County Community College.

ProPublica data from the federal Pipeline and Hazardous Materials Safety Administration (2011-2014) shows incidents in over 250 municipalities. The worst of eight major crude oil train accidents include:

  • A train derailment and explosion killed 47 and destroyed 30 buildings in Quebec.
  • 2,300 residents were evacuated in North Dakota. The fireball was observed states away.

Safer trains aren’t the answer. A new safer-design derailed February 2015 in West Virginia, despite adhering to the speed limit. Hundreds of families had to flee their homes in frigid weather. Burning continued for days. Drinking water and electricity were lost. Leaking crude oil poisoned the water supply. Fireballs erupted from crumbled tank cars, underscoring volatility of crude oil’s propane, butane, etc.

Safe evacuation from our densely populated region is an illusion. Limerick Nuclear Plant’s evacuation plan is unworkable and unrealistic, not robust as claimed by a health official. Just consider work hour traffic combined with deteriorated roads and bridges. We encourage officials to visit www.acereport.org to view ACE’s 2012 video-blog series on the reality of Limerick’s evacuation plan. For a graphic presentation call (610) 326-2387.

Who pays to deal with irreversible devastation from train derailments and meltdowns? Clearly, not the oil industry, nuclear industry, railroad or government. We’d be on our own, despite:

  1. Long-term ecological damage that would leave ghost towns that can’t be cleaned up safely.
  2. Risking the vital drinking water resource for almost two million people (Pottstown to Philadelphia).
  3. Millions of people losing their homes, businesses and health.

Richard Lengel, Pottstown’s Fire Chief, admitted, “If something catastrophic happens, there’s no municipality along the railroad that can handle it, the volume [crude oil] is too great. We just have to hope that nothing happens, honestly.”

Hope is no solution! Neither is denying the reality of our unacceptable devastating risks.

The catastrophic disasters we face can, and must, be prevented with foresight and political will to face the facts and take action. Enough of corporate profits jeopardizing public safety.

Wake up! Speak up! Tell local, state and federal elected officials to stop this insanity!

Say no to dangerous crude oil trains traveling through our communities and the Limerick site.

Say no to continued Limerick Nuclear Plant operations to avoid meltdowns that can be triggered by cyber/terrorist attacks, embrittled/cracking reactors, earthquakes and now oil-train explosions/fires.

— Dr. Lewis Cuthbert
ACE President

Green Groups press New York state for $100 million Oil Spill Fund

Repost from the Press-Republican, Plattsburgh NY

Green Groups press for $100 million state Oil Spill Fund

Claim $40M proposed in state budget won’t cover cost of derailments

By Kim Smith Dedam, March 23, 2015

ELIZABETHTOWN — Environmental groups are pushing state lawmakers to bulk up the state’s Oil Spill Fund.

They see a need for $100 million set aside, not $40 million as is currently proposed in the executive and legislative budgets.

And they have asked Gov. Andrew Cuomo and legislators to leave the money within the purview of the State Comptroller’s Office and not move the fund to State Department of Environmental Conservation coffers.

“This is a backup fund, mainly because in other cases, where a spill has led to significant cleanup costs, some companies go out of business, including the company whose accident resulted in the explosion at Lac-Megantic in Quebec,” Adirondack Council spokesman John Sheehan said in an interview this week.

“At that point, there is little the state can do to get the money from the company other than to go to court.”

‘DOESN’T TAKE MUCH’

Total liabilities for the Lac-Mégantic, Quebec, rail disaster in July 2013 could easily reach $2.7 billion over the next decade, the coalition said in a news release.

The Adirondack Council joined forces with Environmental Advocates, the Sierra Club and Riverkeeper to press the Oil Spill Fund issue.

“Typically, the requirement for (accident) insurance has not been high enough to cover the cost of an accident that could take place as the result of an explosion,” Sheehan told the Press-Republican.

“And it doesn’t take much oil to contaminate thousands of gallons of water, especially when we’re talking about a drinking water supply for 188,000 people, which Lake Champlain is.”

The Canadian Pacific Railroad line runs the entire length of Lake Champlain’s western shore, and oil train trips have increased in recent months.

Many places where oil cars have spilled and exploded sustained permanent environmental damage, Sheehan said.

$60 MILLION MORE

The coalition is not trying to force funding contributions from oil transport companies or the railroads to bolster state Oil Spill Funds.

They do believe lawmakers in Albany are on the right track in looking to increase funding for next year.

“However, the $15 million increase to $40 million proposed by (Cuomo) and Assembly budgets could and should be increased.

“In today’s dollars, the $25 million fund created in 1977 would be a $96.4 million fund today,” the coalition said in a news release.

“Thus, we urge that the fund cap be increased to $100 million to bring it back to parity with the monetary protection it afforded nearly four decades ago.”

They also charge that the Oil Spill Fund should be indexed to keep pace with inflation.

10 WRECKS YEARLY

“Federal regulators have told us to expect at least 10 major derailments of crude oil trains a year. There have already been four in the last three weeks,” Kate Hudson, Riverkeeper’s Special Projects director, said in a news release.

“It’s no longer a matter of if, but when, a catastrophe will happen in a New York community. If we are without a robust spill fund, New York citizens could be left to shoulder the cost of the cleanup and damages, just as the citizens of Canada were a year and a half ago.”

SEPARATE ACCOUNTS

Environmental advocates also asked Albany to fund emergency response separately from oil spill response and environmental cleanup.

“We welcome proposed funding for emergency response equipment, supplies and training for state and local emergency services personnel,” the coalition said in a news release.

“We strongly support the Assembly’s proposed legislation, which would keep that funding separate from the account that pays for remediation costs, as well as the damages associated with loss of life and property damage and economic losses suffered by individuals and businesses in the event of a spill.”

If response and spill monies are kept in a joint account, they contend, emergency cleanup costs could deplete the response fund, leaving the state without resources to remediate a spill.

‘TREMENDOUS RISK’

Roger Downs, conservation director for the Sierra Club’s Atlantic Chapter, said New Yorkers assume “tremendous risk and little economic benefit” from the millions of gallons of explosive crude oil that “rumble through our cities and along our precious waterways every day.”

Inaction on the part of the federal government to adequately address the risks or improve oil-tank-car safety should not prevent state lawmakers from building the most robust spill fund possible, he said.

The joint call for heightened oil-spill resources came within a day of the release of reports from state inspections done at railroad yards in Albany and Buffalo.

State inspectors found 93 defects in tracks and crude oil cars, including seven critical safety defects that had to be fixed before cars could continue operation.

Inspections were done on tankers at a CSX rail yard in Buffalo and at the Canadian Pacific yard in Albany.

Lessons from Lynchburg – Get ready for the next one!

Repost from The Daily Press, Newport News VA
[Editor:  This article turns into a promo for CSX with too-easy suggestions of safer times ahead, but it details a good overview of events immediately following a major derailment with explosion and fire.  See “Responders had to…” highlighted below.   – RS]

Virginia, CSX offer advice for crude-by-rail accidents

Symposium session addresses preventing, responding to train derailments

By Tamara Dietrich, March 21, 2015

A big lesson from the crude oil train that derailed in Lynchburg last April, sparked a raging fire and spilled fuel into the James River is this: Get ready for the next one.

Not that emergency response experts are predicting another derailment in Virginia, but since up to five CSX trains each week carry Bakken crude across the width of the state to a fuel terminal in Yorktown, the possibility exists.

And residents should understand the risks, how to mitigate them and how to respond.

“I would think they would engage with their emergency manager for that region and say, ‘Hey, what do we need to know?’ ” said Wade Collins, hazardous materials supervisor with the Virginia Department of Emergency Management (VDEM). ” ‘What do we need to do? How are we prepared for that?’ ”

Collins regaled first-responders from around the area with a blow-by-blow of the combined emergency response to the Lynchburg derailment, part of a presentation Friday morning at the 2015 Virginia Emergency Management Symposium in Hampton. The symposium ran from Wednesday through Friday.

Appearing with him was Bryan Rhode, vice president for state government affairs for the Mid-Atlantic region for CSX Transportation. Rhode spoke on measures that CSX and the industry are taking to prevent derailments, the safety training they offer and the ways they assist in the response when an accident occurs.

Those measures include reducing maximum train speeds, enhancing braking systems, conducting more track inspections, offering training for first-responders around the country, pressing for improved tank car regulations and better testing and classification for Bakken crude oil, which is more volatile than typical crude.

“Safety is our absolutely No. 1 priority,” said Rhode, a former Virginia secretary for public safety. “Nothing takes a back seat to safety.

Lynchburg was lucky

The Lynchburg derailment made national headlines when 17 cars out of a 105-car tanker train carrying about 3 million gallons of crude suddenly jumped the tracks in the downtown area.

Three tankers careened down the banks of the James River and into the water. One tanker burst open, spilling its fuel.

Something sparked, setting off a fireball so intense it burned itself out after 49 minutes, Collins said.

But Lynchburg was lucky.

“If we had to have a crude oil derailment in Virginia, everything was in our favor that day, actually,” Collins said.

Two days of rain had put the James at flood stage, which helped douse the flames and cool the tankers.

The weather was bad, so residents weren’t milling at the riverside park. No anglers were hanging out at popular fishing holes.

And the tankers ran into the river rather than crash into the commercial area.

Of the 30,000 gallons of fuel contained in the broken tanker, Collins said 29,245 gallons were consumed by the fire. Another 390 gallons were released to the river, and less than 200 gallons into the soil. What little remained was recovered.

And no one was hurt.

Emergency responders at the scene ranged from the local fire department to state hazardous materials teams, the National Guard to the U.S. Environmental Protection Agency. CSX immediately deployed its own group of hazardous materials professionals and special agents to set up an outreach center for local residents and business owners impacted by the accident.

“We bring an enormous amount of resources to the table,” Rhode said. “If we have an incident, we’re going to be there from that point until it is effectively resolved. And we’re going to get the job done.”

Responders had to evacuate the area, notify local municipalities, identify water intakes downstream and access points on the river for vehicles and boats. Booms were spread across the river to stop the flow of residual oil.

The toppled tanker cars still on the tracks were up-righted, put on flatbed cars and shipped off. The ones in the water were drained of fuel, then hauled from the river.

Contractors hired by state and federal authorities as well as CSX began testing the water and soil. Collins said monthly tests are still conducted.

“They monitored it very closely,” Collins said. “They looked for fish kill or damage or injury, and we found nothing.”

The initial response took nine days and has cost about $4 million, he said. The investigation into the cause of the derailment is still ongoing.

Be prepared

Among the lessons learned, Collins said, is the value of relationships, partnerships and training. And keeping up on current issues.

“Know what’s coming through your community,” he said.

And know if you have the resources to respond to a rail emergency.

“As we look along that crude oil route, many of those jurisdictions are rural,” Collins said. “They have volunteer emergency services. They may or may not have the capability to do an effective response. If you know you don’t have that capability, then be planning — where can I get that?”

CSX offers hazardous materials safety training at the local level, and hosts a trainer training facility in Pueblo, Colo., that handles 4,000 first-responders a year, said Rhode. Tuition and travel costs are covered.

The company hosted a three-day safety training event in Richmond last year and will try to conduct another in Virginia next year. It also offers online training opportunities on its website.

On Thursday, Rhode said, CSX presented a $25,000 donation to the Virginia Hazardous Materials Training Facility in York County.

The rail company also offers a system “unique” in the industry, that provides emergency response officials near real-time information on what’s on a particular train, he said. The company is also piloting a mobile app for first-responders to get that information “when you need it.”

Letting the public know what’s being carried on a train, however, is more problematic.

“Railroads are not allowed to disseminate customer information, but are able to do it in terms of our emergency response,” Rhode said. “It’s a security matter. You don’t want real-time information about very hazardous materials necessarily out there in the wrong hands.”

CSX operates in 23 states and two provinces of Canada. It runs 13,000 trains a day, two of which carry crude oil.

In Virginia, it operates 2,000 miles of track and four major rail yards, including one in Newport News. The company employs 1,200 people in the state. About 40 percent of the cargo unloaded at the Port of Virginia is transported on CSX trains, Rhode said.