Train safety provisions included in U.S. transportation bill
By Crocker Stephenson, Dec. 2, 2015
Bakken oil trains rumble through downtown Milwaukee at 133 W. Oregon St., Milwaukee. A federal bill includes provisions requiring railroads to share safety information regarding trains and bridges with local officials. Image credit: Journal Sentinel files
The mammoth five-year federal transportation bill that lawmakers hope to send to President Barack Obama early next week includes provisions, championed by Sen. Tammy Baldwin (D-Wis.), that would require railroads to share critical safety information with local communities.
“This legislation provides the transparency we’ve been begging and asking Canadian Pacific railroad for,” Milwaukee Common Council President Michael Murphy said during a news conference Wednesday outside a fire station at 100 W. Virginia St.
“It isn’t too much to ask a company that is using our public right of way to let us know if their bridges are safe and secure,” he said.
As if to illustrate Murphy’s point, a Canadian Pacific train pulling oil tankers rumbled across the bridge over S. 1st St. a few blocks to the north.
Milwaukee is in a rail corridor that ferries crude oil from North Dakota to refineries in metropolitan Chicago and beyond.
Since spring, Murphy and other city officials have been sparring with Canadian Pacific over its refusal to share with city engineers the results of its inspection of a rusty-looking bridge crossing W. Oregon St. at S. 1st St.
Canadian Pacific officials have insisted the bridge is safe, but they announced in August that the railroad plans to encase 13 of the bridge’s steel columns in concrete to protect them from further corrosion.
“Five to six months ago, the Milwaukee Common Council asked for information on bridges,” Ald. Terry Witkowski said. “We were greeted with silence.”
“With the stroke of a pen, the ball game has changed,” he said.
Concern over trains hauling potentially explosive fuel tankers through the heart of Milwaukee’s Fifth Ward increased last month when two petroleum-filled trains derailed in Wisconsin in a single week.
“Wisconsin first-responders should be applauded for their reaction to these derailments,” Baldwin said. “But railroad companies need to do more.”
According to Baldwin’s office, the bipartisan transportation bill contains several provisions pushed by the senator:
Transparency: A provision would require railroads to provide local officials with a public version of the most recent bridge inspection report
Real-time reporting: Currently, information about hazardous materials being carried through communities is available to first-responders only after an incident has occurred. A provision would require that information to be shared before a train carrying hazardous materials arrives in their jurisdiction.
“The thing we need is information,” Milwaukee Fire Chief Mark Rohlfing said. “So the more transparent our haulers become, the more prepared we can be.”
“Having the city have this information gives the Department of Public Works, our city engineer, access to information so that we can make an evaluation, so we can work with railroads to make sure we have safe rail crossings,” Mayor Tom Barrett said.
The roughly $300 billion transportation bill would also require the Department of Transportation to initiate a study on the appropriate level of insurance railroads hauling hazardous insurance should have, and it would ask the DOT to require that railroads improve their plans for responding to catastrophic oil discharges.
Repost from DeSmogBlog [Editor: Many thanks to Justin Mikulka for this excellent report on “Oil Train Response 2015,” nicely summarizing the important issues as well as the event. Great photo below – click on it to enlarge so you can play Where’s Waldo. 🙂 For a local media report and some good links, see also my earlier posting. – RS]
“We Need Not Be Polite” Hears First National Conference On Oil Train Threats
By Justin Mikulka • Wednesday, November 25, 2015 – 03:58
Oil Train Response 2015, 1st national conference on oil train threats, 11/14-15/15, Pittsburgh
On November 12th, I boarded a train headed to Pittsburgh, PA to attend the first national independent gathering focused on the topic of oil trains. The trip would take me through Philadelphia where an Amtrak train crashed in May resulting in eight fatalities and over 200 injuries.
There is general consensus that the accident would have been avoided if positive train control technology had been in place. In 2008, Congress mandated that positive train control be installed by the end of 2015. However, the railroads failed to do this and were recently given a three to five year extension by Congress after the rail companies threatened to shut down rail service if the mandate were enforced.
It is a reminder of the power of the rail lobbyists. Another example of this power is currently playing out in Congress. Earlier this year, the Senate voted to raise the amount of money that could go to victims of accidents such as the one in May. However, rail lobbyists and members of Congress are working to strip this change out of pending legislation.
Having covered the topic of oil trains for the past two years, none of this is surprising. The rail and oil lobbyists have been very effective at weakening new oil-by-rail regulations and achieving huge delays for any actual implementation of these changes.
In 2013, an oil train full of Bakken crude oil derailed in Lac-Megantic resulting in a fire that killed 47 people. The existing regulations will allow trains like the one in Lac-Megantic to roll on the rails until 2023.
These known risks and lack of regulations have created new activists across the continent and the Oil Train Response 2015 conference was the first time they have all come together in one place to discuss the issue and organize together. The event was sponsored and organized by The Heinz Foundation, FracTracker and ForestEthics.
The first day of the conference was designed to inform the attendees about various aspects of oil-by-rail transportation and included presentations from first responders, politicians, Riverkeepers, legal experts and railroad safety consultant Fred Millar.
What You Are Up Against
Ben Stuckart is president of the Spokane city council, a city currently seeing 15 oil trains a week and facing the potential of as many as 137 a week by 2020 by some estimates. During his presentation, Stuckart described a trip he took to Washington, D.C. to meet with Secretary of Transportation Anthony Foxx to express his concerns about the oil trains.
“We sit down and we’re talking to him and he’s like ‘well here is what you are up against.’ He goes, ‘My first day in office. BNSF and Union Pacific just showed up and walked into our office.’ And he asked up front what’s going on, I don’t have an appointment. ‘Oh there is an open door policy.’
The railroads have an open door policy. Do you know how long it took for me to get an appointment with transportation secretary Foxx?”
This isn’t the only time Secretary Foxx learned what we “are up against.”
Earlier this year, Reuters reported that when the White House was finalizing the new regulations, Secretary Foxx requested that the regulations address the volatility of Bakken crude oil. His request was denied.
Stuckart’s recounting of Foxx’s candid explanation of the reality of regulation in Washington, D.C. is an excellent example of the power of the industry, and provides insight into why these trains continue to run despite the known risks.
We Need Not Be Polite
Much of the morning session of the first day of the conference was devoted to emergency response, featuring three different presentations on the topic. A bit later, rail safety consultant Fred Millar took to the podium and wasted no time in getting everyone’s attention. With the earlier emergency response presenters flanking him on either side of the podium, Millar did not pull any punches.
“We need not be polite with the railroads and first responders,” Millar said. And then he proceeded to point out what a farce the idea of emergency response planning is regarding Bakken oil trains.
“It’s a lie,” Millar said as he showed a slide of emergency responders operating fire hoses standing very near a black rail tank car that was on fire. Millar noted that these are public relations efforts meant to calm the public, but the reality of a Bakken oil train accident is that everyone within a half mile is evacuated and the train is allowed to burn itself out because it is too dangerous for first responders to approach. Often the fires last for days.
Millar’s presentation was enthusiastically received by the conference audience. As he delivered one of his many hard-hitting lines to applause, an audience member could be heard saying, “He’s like a preacher up there!” However, as repeatedly noted in his presentation, his opinion is that very little is being done to address the risks of oil-by-rail transportation.
They Are Our Children
Things got a bit heated in the question and answer session following Millar’s presentation. One point of contention was that the first responders maintained that they need to keep information about oil trains secret so as to not help out “the bad guys” — an idea not well received by the many people in the audience living near oil train tracks.
Raymond DeMichiei, Pittsburgh’s Deputy Coordinator of Emergency Management, sparked the biggest outcry when he stated that he didn’t see why “people need to know how many daycare centers are within the blast zone.” Among the responses was a woman yelling, “They are our children!”
As the session came to a close, a frustrated DeMichiei said, “Get ’em off the rails. I’ll be a happy guy.” It was one point that everyone in the room could agree on.
FRA Administrator Grateful For Luck
A week before the conference, an ethanol train derailed in Wisconsin and spilled ethanol into the Mississippi River. The next day, an oil train derailed and spilled oil in a residential neighborhood in Wisconsin. On the first day of the conference, news broke that an oil train derailed near Philadelphia, although there was no spill.
Sarah Feinberg, head of the Federal Railroad Administration, commented on the accidents in Wisconsin saying, “We feel we got really lucky.” When I pointed out on Twitter that luck is currently a big part of the oil train safety plan, she responded.
While it is true that regulators are taking many steps to improve safety, it is also true that the oil and rail industries are working hard against any real improvements to safety. The dangerous oil is not being stabilized. The unsafe tank cars will be on the rails for at least eight more years. Modernized braking systems are years away and the industry is fighting that as well. And trains continue to run through many large cities.
On my train ride home from the conference, I saw many of the signature black tank cars on the rails. Some were carrying liquid petroleum gas, some ethanol and at least one was a unit train of oil cars (although likely empty as it was traveling West). The potential of an accident involving a commuter train and an oil train didn’t seem far fetched.
View from Amtrak train, photo by Justin Mikulka.
A National Movement Begins
The people gathered in Pittsburgh don’t want to rely on luck to protect their communities. They are committed to fighting for real rail safety, and they were clearly energized by this event. As Ben Stuckart said, “This is so awesome. I haven’t seen this big of a group about this very specific issue since I’ve been working on it the last four years.”
And that is good news for the 25 million people currently living within bomb train blast zones. Because if there is one lesson learned from the long delay over the implementation of positive train control, it is that this battle is likely to be a long and difficult effort.
Repost from the Seattle Times [Editor: The press is full of revealing information taken from the Draft Environmental Impact Statement (DEIS) analyzing the proposed Tesoro Savage Vancouver Energy Project. The document was released yesterday. Several media links are provided below. – RS]
28 more oil trains across state each week if big terminal built, study says
By Hal Bernton, November 24, 2015, Updated 11/25/15 9:25 am
A major oil terminal proposed for Vancouver, Wash., would bring an additional 28 oil trains per week across the state and launch a new era of oil-tanker traffic down the Columbia River, according to a draft state study released Tuesday.
…but concerns about the risks of oil-train derailments … the study noted that trains also may deliver bitumen — a heavier crude … [FULL STORY]
Repost from McClatchyNews [Editor: Note the significant section on bridge safety – “In downtown Milwaukee, Canadian Pacific’s oil trains cross a 99-year-old steel bridge over South 1st Street that shows visible signs of deterioration. Some of beams supporting the structure are so badly corroded at the base that you can see right through them. In Watertown, just west of the derailment site, the railroad crosses Main Street on a bridge with crumbling concrete supports embedded with its date of construction: 1906.” – RS]
Oil train safety concerns cast shadow over cross-border rail deal
HIGHLIGHTS
• Merger would create largest railroad on continent
• Canadian Pacific, Norfolk Southern transport oil
• Derailments, bridges under scrutiny in Wisconsin
By Curtis Tate, November 25, 2015
Norfolk Southern and Canadian Pacific locomotives lead an empty oil train west at Richmond, Va., on Oct. 14, 2014. The Canadian railroad last week made public its offer to take over Norfolk Southern. The $28 billion deal, if approved by shareholders and regulators, would create the largest railroad in North America. Curtis Tate McClatchy
WATERTOWN, WIS. – Concerns about the safety of crude oil trains loom over a proposed rail takeover that would create the largest rail system in North America.
Last week, Alberta-based Canadian Pacific made public its plan to acquire Virginia-based Norfolk Southern. The $28.4 billion deal would need to be approved by company shareholders and federal regulators, a process that could take at least 18 months.
The railroads are key players in the transportation of crude oil from North Dakota’s Bakken shale region to East Coast refineries. Currently, Canadian Pacific transfers the shipments to Norfolk Southern at Chicago. The combined company could offer a seamless path the entire distance to the East Coast.
Though both companies have so far escaped the most serious crude by rail incidents involving spills, fires and mass evacuations, they are likely to face fresh scrutiny of their safety practices and relationships with communities if they agree to a deal.
In Wisconsin, the railroad has clashed with environmental groups and elected officials over the condition of its aging bridges. And in spite of calls from members of Congress and the Federal Railroad Administration, the railroad refuses to share its bridge inspection documents with local officials, citing “security concerns.”
“I’ve reached out to (Canadian Pacific) personally to try to get them to be better neighbors,” said Rep. Ron Kind, D-Wis. “The response hasn’t been that good.”
Two Canadian Pacific trains derailed earlier this month in Watertown, a city of 24,000 about an hour west of Milwaukee.
The first occurred on Nov. 8 when 13 cars of an eastbound oil train bound from North Dakota to Philadelphia derailed and spilled about 500 gallons. About 35 homes were evacuated for more than a day. Then on Nov. 11, a second train derailed at the same spot as the first. Though no one was injured, the back-to-back incidents shook residents.
“If safety was really important, you wouldn’t have two trains derail in one town in one week,” said Sarah Zarling, a mother of five who lives a few blocks from the track and has become an activist on the issue.
THE FEDERAL SURFACE TRANSPORTATION BOARD, WHICH REVIEWS RAILROAD MERGERS, HAS BEEN SYMPATHETIC TO CONCERNS FROM THE PUBLIC ABOUT THE IMPACTS OF INDUSTRY CONSOLIDATION.
In a statement, Canadian Pacific spokesman Andy Cummings said the railroad was the safest in North America for 12 of the past 14 years.
“It is good business for us as a railroad to operate safely,” he said, “and the statistics clearly show we are doing that.”
In downtown Milwaukee, Canadian Pacific’s oil trains cross a 99-year-old steel bridge over South 1st Street that shows visible signs of deterioration. Some of beams supporting the structure are so badly corroded at the base that you can see right through them.
In Watertown, just west of the derailment site, the railroad crosses Main Street on a bridge with crumbling concrete supports embedded with its date of construction: 1906.
Cummings said both bridges are safe and that their appearance doesn’t indicate their ability to safely carry rail traffic. Still, he said the company is working on a website that would explain its bridge management plan and offer a way for the public to raise concerns.
“We do understand that we have an obligation to reassure the public when questions arise about our bridges,” he said.
Railroads carry out their own bridge inspections under the supervision of the Federal Railroad Administration. In September, Administrator Sarah Feinberg sent a letter to railroads urging them to be more open about their bridge inspections and conditions.
Addressing a rail safety advisory panel in early November, Feinberg said her phone was “ringing off the hook” with concerned calls from the public and lawmakers.
“They are frustrated, and frequently they are scared,” she said, “because the absence of information in this case leaves them imagining the worst.”
$340 Million – Amount of settlement for survivors of 2013 Quebec oil train disaster. Canadian Pacific was the only company that declined to contribute.
Much of the concern about the condition of rail infrastructure stems from series of derailments involving crude oil and ethanol. Including the Watertown derailment this month, there have been 10 derailments with spills or fires this year in North America.
In the worst example, an unattended train carrying Bakken crude oil rolled away and derailed in the center of Lac-Megantic, Quebec, in July 2013. The subsequent fires and explosions leveled dozens of buildings and killed 47 people.
Canadian Pacific was the only company among roughly two dozen that declined to contribute to a $340 million settlement fund for the survivors. The railroad denies any responsibility in the disaster, though it transported the derailed train from North Dakota to Montreal, where a smaller carrier took control.
While the railroad last month dropped its opposition to the settlement, it could still be in court. A Chicago law firm has threatened to bring wrongful death lawsuits against the railroad in the next 18 months.
Cummings said the company “will continue to defend itself in any future lawsuits.”
While it’s not clear what issues will ultimately decide the fate of proposed merger, the federal Surface Transportation Board, which reviews such transactions, has been sympathetic to concerns from the public about the impacts of industry consolidation.
In 2000, the three-member panel rejected a similar cross-border bid by Canadian National and BNSF Railway to create what would have been the largest North American railroad at the time. The deal failed partly because a series of mergers in the 1990s had created a colossal rail service meltdown.
Because of those problems, and complaints from shippers and members of Congress, the Surface Transportation Board imposed a moratorium on new railroad mergers. There hasn’t been a major rail deal since.
In a cautious statement earlier this month acknowledging Canadian Pacific’s offer, Norfolk Southern responded that any consolidation of large railroads would face “significant regulatory hurdles.”
But speaking to a conference of transportation companies in Florida this month, Canadian Pacific CEO Hunter Harrison sounded confident that shippers would not oppose the deal and that the decision to press forward was largely in the hands of shareholders.
“If the shareholders want it, it’s going to happen,” he said. “It’s just that simple.”