Category Archives: Crude By Rail

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.

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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

Details of new U.S. & Canada oil train safety rules

Repost from U.S. Dept. of Transportation
[Editor:  For the full text of the 395-page rule, see http://www.dot.gov/sites/dot.gov/files/docs/final-rule-flammable-liquids-by-rail_0.pdf.  – RS]

DOT Announces Final Rule to Strengthen Safe Transportation of Flammable Liquids by Rail

Friday, May 1, 2015

Rule Will Make Significant and Extensive Changes to Improve Accident Prevention, Mitigation, and Emergency Response

WASHINGTON – U.S. Transportation Secretary Anthony Foxx today announced a final rule for the safe transportation of flammable liquids by rail. The final rule, developed by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Railroad Administration (FRA), in coordination with Canada, focuses on safety improvements that are designed to prevent accidents, mitigate consequences in the event of an accident, and support emergency response.

The rule:

  1. Unveils a new, enhanced tank car standard and an aggressive, risk-based retrofitting schedule for older tank cars carrying crude oil and ethanol;
  2. Requires a new braking standard for certain trains that will offer a superior level of safety by potentially reducing the severity of an accident, and  the “pile-up effect”;
  3. Designates new operational protocols for trains transporting large volumes of flammable liquids, such as routing requirements, speed restrictions, and information for local government agencies; and
  4. Provides new sampling and testing requirements to improve classification of energy products placed into transport.

Canada’s Minister of Transport, Lisa Raitt, joined Secretary Foxx to announce Canada’s new tank car standards, which align with the U.S. standard.

“Safety has been our top priority at every step in the process for finalizing this rule, which is a significant improvement over the current regulations and requirements and will make transporting flammable liquids safer,” said U.S. Transportation Secretary Anthony Foxx.  “Our close collaboration with Canada on new tank car standards is recognition that the trains moving unprecedented amounts of crude by rail are not U.S. or Canadian tank cars – they are part of a North American fleet and a shared safety challenge.”

“This stronger, safer, more robust tank car will protect communities on both sides of our shared border,” said Minister Raitt.  “Through strong collaboration we have developed a harmonized solution for North America’s tank car fleet. I am hopeful that this kind of cooperation will be a model for future Canada-U.S. partnership on transportation issues.”

Other federal agencies are also working to make transporting flammable liquids safer.  The Department of Homeland Security (DHS), including the Federal Emergency Management Agency (FEMA), the Environmental Protection Agency (EPA), and the Department of Energy (DOE), in coordination with the White House, are pursuing strategies to improve safety.  DOE recently developed an initiative designed to research and characterize tight and conventional crude oils based on key chemical and physical properties, and to identify properties that may contribute to increased likelihood and/or severity of combustion events that can arise during handling and transport.

This final rule represents the latest, and most significant to date, in a series of nearly 30 actions that DOT has initiated over the last nineteen months, including additional emergency orders, safety advisories and other actions.

Additional information about the rule:

(Unless stated otherwise, the rule applies to “high-hazard flammable trains” (HHFTs)—a continuous block of 20 or more tank cars loaded with a flammable liquid or 35 or more tank cars loaded with a flammable liquid dispersed through a train.).

Enhanced Standards for New and Existing Tank Cars for use in an HHFT—New tank cars constructed after October 1, 2015, are required to meet the new DOT Specification 117 design or performance criteria. The prescribed car has a 9/16 inch tank shell, 11 gauge jacket, 1/2 inch full-height head shield, thermal protection, and improved pressure relief valves and bottom outlet valves. Existing tank cars must be retrofitted with the same key components based on a prescriptive, risk-based retrofit schedule (see table). As a result of the aggressive, risk-based approach, the final rule will require replacing the entire fleet of DOT-111 tank cars for Packing Group I, which covers most crude shipped by rail, within three years and all non-jacketed CPC-1232s, in the same service, within approximately five years.

Enhanced Braking to Mitigate Damage in Derailments—The rule requires HHFTs to have in place a functioning two-way end-of-train (EOT) device or a distributed power (DP) braking system.  Trains meeting the definition of a “high-hazard flammable unit train,” or HHFUT (a single train with 70 or more tank cars loaded with Class 3 flammable liquids), with at least one tank car with Packing Group I materials, must be operated with an electronically controlled pneumatic (ECP) braking system by January 1, 2021. All other HHFUTs must have ECP braking systems installed after 2023.  This important, service-proven technology has been operated successfully for years in certain services in the United States, Australia, and elsewhere.

Reduced Operating Speeds—The rule restricts all HHFTs to 50 mph in all areas and HHFTs containing any tank cars not meeting the enhanced tank car standards required by this rule are restricted to operating at a 40 mph speed restriction in high-threat urban areas.  The 40 mph restriction for HHFTs without new or retrofitted tank cars is also currently required under FRA’s Emergency Order No. 30.

Rail Routing – More Robust Risk Assessment—Railroads operating HHFTs must perform a routing analysis that considers, at a minimum, 27 safety and security factors, including “track type, class, and maintenance schedule” and “track grade and curvature,” and select a route based on its findings.  These planning requirements are prescribed in 49 CFR §172.820.

Rail Routing – Improves Information Sharing—Ensures that railroads provide State and/or regional fusion centers, and State, local and tribal officials with a railroad point of contact for information related to the routing of hazardous materials through their jurisdictions. This replaces the proposed requirement for railroads to notify State Emergency Response Commissions (SERCs) or other appropriate state-designated entities about the operation of these trains through their States.

More Accurate Classification of Unrefined Petroleum-Based Products—Offerors must develop and carry out sampling and testing programs for all unrefined petroleum-based products, such as crude oil, to address the criteria and frequency of sampling to improve and ensure accuracy. Offerors must certify that hazardous materials subject to the program are packaged in accordance with the test results, document the testing and sampling program outcomes, and make that information available to DOT personnel upon request.

The actions taken today address several recommendations of the National Transportation Safety Board, including: requiring enhanced safety features for tank cars carrying ethanol and crude oil and an aggressive schedule to replace or retrofit existing tank cars; requiring thermal protection and high-capacity pressure relieve valves for tank cars in flammable liquid service, expanding hazardous materials route planning and selection requirements for trains transporting flammable liquids; inspecting shippers to ensure crude oil is properly classified and requiring shippers to sufficiently test and document both physical and chemical characteristics of hazardous materials; and providing a vehicle for reporting the number of cars retrofitted.

You can view a summary of the rule here and the entire rule here.  For additional information on the steps the Department of Transportation has already taken to help strengthen the safe transport of crude oil by rail, please visit www.dot.gov/mission/safety/rail-chronology.

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DOT 42-15

Friday, May 1, 2015

– See more at: http://www.dot.gov/briefing-room/final-rule-on-safe-rail-transport-of-flammable-liquids#sthash.h0hbYHje.dpuf

Video: Stop Oil Trains in California

Repost from email by Ethan Buckner, Forest Ethics

For the past few years, momentum is building all along communities throughout California concerned about the growing threat of oil trains. ForestEthics, in partnership with filmmaker Bunker Seyfert, is excited to share this new short piece highlighting the campaign to stop the proposed Phillips 66 oil train terminal in San Luis Obispo County.
Please watch and share!  – Ethan Buckner, US Organizer, ForestEthics

Stop #OilTrains in California

California could be the site of the next oil train disaster, unless we take action now at ProtectSLO.org.

Multinational oil company Phillips 66 is proposing to expand its San Luis Obispo County refinery to receive oil trains carrying explosive, toxic, and carbon-intensive tar sands oil. If approved, more of these oil trains will begin rolling through California’s communities, threatening schools, homes, community centers, and parks. Over 5 million California residents live in the oil train blast zone.

The San Luis Obispo County Planning Commission and Board of Supervisors will make the final decision on this project, and they need to hear from us – residents of SLO County and other impacted California communities. Take action now and tell SLO County decision makers to reject this dangerous project.

Take action now at ProctetSLO.org.

California billionaire fights to keep tar-sands oil out of state

Repost from The San Francisco Chronicle
[Editor:  See the full report, West Coast Tar Sands Invasion.  See Anthony Swift’s NRDC Blog for summary details.  See also the ForestEthics press release.  – RS] 

Billionaire fights to keep tar-sands oil out of state

By David R. Baker, April 29, 2015
Tom Steyer hopes  to block Canada oil from the state. Photo: David Paul Morris, Bloomberg
Tom Steyer hopes to block Canada oil from the state. Photo: David Paul Morris, Bloomberg

Billionaire environmentalist Tom Steyer has a new mission

— keeping oil from Canada’s tar sands out of California.

Steyer’s NextGen Climate organization released a report Tuesday warning that an “invasion” of tankers and railcars carrying crude from the oil sands could soon hit West Coast refineries, which currently process very little Canadian oil.

Steyer, a major Democratic donor who quit his hedge fund to focus on fighting climate change, has risen to prominence as a vocal opponent of the Keystone XL pipeline extension, which would link the oil sands to American refineries on the Gulf Coast.

A train carries crude oil through Kansas City, Mo., in 2014. Environmentalist Tom Steyer’s NextGen Climate organization warns that railcars carrying oil from Canada could soon hit West Coast refineries. Photo: Curtis Tate, McClatchy-Tribune News Service
A train carries crude oil through Kansas City, Mo., in 2014. Environmentalist Tom Steyer’s NextGen Climate organization warns that railcars carrying oil from Canada could soon hit West Coast refineries. Photo: Curtis Tate, McClatchy-Tribune News Service

But Tuesday’s report, prepared with the Natural Resources Defense Council and a coalition of other environmental groups, notes that the oil industry is pursuing other pipeline routes that would carry tar-sands petroleum to Canada’s Pacific Coast. From there, it could be shipped to refineries in California and Washington. In California, companies have proposed five new terminals for receiving oil shipped by rail — another potential means of entry. California’s policies to fight climate change discourage but don’t prevent the use of oil-sands crude.

“Keystone is not the only way the tar sands threaten our country,” Steyer said Tuesday at an event in Oakland, releasing the report. “The owners of the tar sands are always looking for other routes to the world’s oceans and the world’s markets.”

Steyer and other environmentalists have made blocking Keystone a rallying cry in the fight against global warming, since extracting hydrocarbons from the oil sands releases far more carbon dioxide into the atmosphere than other forms of oil production. And unlike common oil, the diluted bitumen (a tar-like substance extracted from the sands) sinks in water, making spills from pipelines and tankers difficult to clean.

“It is shockingly toxic, it is extremely nasty and it takes forever to clean up,” Steyer said. “To end the risk from tar-sands oil once and for all, we need to move beyond oil to a clean energy future. Luckily, this is the kind of leadership California excels at.”

The oil industry, and the Canadian government, call the oil sands a reliable source of oil from a friendly ally. And industry representatives often note that California’s dependence on imported oil has grown in recent years, in large part because production in Alaska — once one of California’s biggest suppliers of crude — has dropped.

Steyer has devoted a sizable chunk of his personal fortune, estimated at $1.6 billion, to backing political candidates who support action on climate change and targeting those who don’t, spending $73 million in the last election cycle. He said Tuesday that he has not yet decided whether to pay for an advertising campaign against bringing oil-sands crude to the West Coast.

“I’m not 100 percent sure,” he said. “Exactly how we fight it, I don’t think we’ve determined.”

Crude from the tar sands makes up a tiny fraction of the oil processed in California refineries — less than 3 percent, according to the report. And while the amount of oil shipped into the the Golden State by rail has soared in recent years, most of that petroleum comes from North Dakota and other states where hydraulic fracturing, or fracking, has produced a glut of crude.

But oil companies have proposed two pipeline projects that would link the oil sands to the Pacific Ocean, both of them traveling through British Columbia. If built, they could lead to an additional 2,000 oil tankers and barges moving up and down the West Coast each year, according to the report. The rail terminal projects proposed in California could raise the amount of oil-sands crude processed in the state each day from the current 50,000 barrels to 650,000 barrels by 2040.

However, that outcome is hardly certain.

A California policy known as the low carbon fuel standard requires oil companies to cut by 10 percent the amount of carbon dioxide associated with each gallon of fuel they sell in the state, reaching that milestone by 2020. In addition, the state’s cap-and-trade system forces refineries to cut their overall greenhouse gas emissions. Neither policy specifically prevents refineries from using oil-sands crude, but both give oil companies a powerful incentive to use other sources of petroleum.

Anthony Swift, one of the report’s authors, said California needs to adopt more stringent emissions targets to keep out crude from the oil sands.

“These policies are a very good start,” said Swift, of the Natural Resources Defense Council. “We need to get more robust targets — for both the low carbon fuel standard and the cap — to signal to the industry that California is not going to be an option for tar-sands refining.”

David R. Baker is a San Francisco Chronicle staff writer.