Category Archives: DOT-111

Crude By Rail, DOT-111, Emergency Readiness & Response, Oil spill, Rail inspection, Tank car design

May 9 derailment in Colorado: TV news expose

Repost from KDVR Fox31 Denver
[Editor: This investigative report details a May 9,  2014 derailment and a previous derailment in the exact same location, highly toxic benzene contamination of groundwater and slow notification of local first responders by Union Pacific.  (Apologies for the video’s commercial content.)  – RS] 

Derailed: Railroad delays first responders on riverside oil spill

September 22, 2014, by Chris Halsne

DENVER — FOX31 Denver has confirmed a May 9 crude oil train car derailment near LaSalle, Colorado polluted area groundwater with toxic levels of benzene.

Environmental Protection Agency records from July show benzene measurements as high as 144 parts per billion near the crash site. Five parts per billion is considered the safe limit.

Federal accident records also show six Union Pacific tankers ripped apart from the train and flipped into a ditch due to a “track misalignment caused by a soft roadbed.” One of the tankers cracked and spilled approximately7,000 gallons of Niobrara crude, according to the EPA.

FOX31 Denver’s investigative team also confirmed the oil car accident location, only about 75 yards from the South Platte River, is in the same spot as another Union Pacific derailment four years ago.

Reports show four rail cars full of wheat/grain derailed in October 2010. The cause of that accident was very similar: “roadbed settled or soft” and “other rail and joint bar defects.”

“They did have a derailment at the exact same point. I mean within feet!” witness Glenn Werning, a nearby farmer and local water supervisor, told FOX31 Denver investigative reporter Chris Halsne.

Werning wonders if Union Pacific was negligent in repairing the area after the first crash telling Halsne, “It would have been devastating if it had gotten into the water and flowed down. It would have been, whew! The oil spill would have been a mess to clean up because it would have been on both sides of the river for miles.”

Union Pacific declined FOX31 Denver’s repeated requests for an on-camera interview, but a spokesperson, Mark Davis, sent a statement which says in part:

“The line where the derailment occurred is visually inspected one time per week. The maximum speed limit on the line is 20 mph.  Prior to the derailment the track was visually inspected on April 26, April 28, May 1 and May 5 with no exceptions taken. Our track team visually inspects about 15,500 miles of track daily on our 32,000 mile network in 23 states – this translates into 5.7 million miles annually of visional track inspections.”

There is currently no way to double-check the accuracy or completeness of Union Pacific’s statement because private railroads are allowed to conduct their own safety inspections and keep such records private.

Federal law only allows the Federal Railroad Administration to audit railroad inspections to make sure “the owner of the track” is conducting them appropriately.

However, at least in Colorado, that has not been done for at least three years.

FOX31 Denver’s investigative team sent Freedom of Information Act requests asking how often the FRA audited private railroad safety inspections in Colorado. The answer: From January 1, 2012 to March, 2014 is zero.

San Francisco-based Environmental Attorney and Sierra Club activist, Devorah Ancel, says the fact that private railroads conduct their own rail line and rail car safety inspections with very little federal oversight is a growing problem.

Ancel told FOX31 Denver, “The rail industry wants to get as much of this crude to market as quickly as possible. The more the federal government cracks down on safety standards, inspections, on audits, the more they are going to push back because it`s going to affect their bottom line.”

Ancel is part of a group also pressing the Department of Transportation for improvements in the design of hazardous liquid-carrying rail cars. Currently most crude oil travels across tracks in older-model containers called DOT 111’s.

According to federal authorities, the Union Pacific oil tanker which rolled, cracked and then spewed thousands of gallons of crude onto the ground in May’s accident is considered a DOT 111 design.

“This is extremely volatile crude. The tank cars have thin shells. They have thin head shields that are known to puncture during derailment. They have valves that sheer off and puncture during derailment,” Ancel says.

As if multiple derailments in the same place, unverified safety inspections, and outdated oil tanker containers were not enough of a reason for public concern, FOX31 Denver also discovered that Union Pacific officials are being accused of delaying telling local emergency responders about the latest oil car derailment.

According to Weld County Emergency Manager Roy Rudisill, Union Pacific first rallied its own crews to the scene before putting local firefighters in the loop.

Halsne asked, “Were they a little late to let you know?” Rudisill answered, “In my opinion, yes!”

We checked. According to a federal report, the accident happened at around 8 a.m. on May 9.

FOX31 Denver pulled call logs surrounding the accident and found Union Pacific first notified the state Division of Homeland Security and Emergency Management at 9:10 am.

Radio traffic shows Weld County fire crews and emergency managers were still scrambling another hour later, trying to figure out exactly where the accident had occurred and whether oil was leaking into the South Platte River.

Rudisill told FOX31 Denver, “A quicker phone call, quicker communication, faster communication to local jurisdiction would have been prudent in my opinion. Now we’ve had two incidents out there. What can we do to make sure the proper actions are taking place so we don’t have another one?”

Werning hates to lay blame entirely on Union Pacific admitting “accidents do happen,” but he`s closely watching their latest track repair efforts, never again wanting to count on “pure luck” as a disaster prevention plan.

“Had they perhaps done a better repair (after the first derailment), they wouldn`t have dropped those cars,” Werning said.

The Environmental Protection Agency said it continues to monitor the groundwater contamination issue. Monitoring wells have been installed in the area surrounding the oil spill. Benzene is a common chemical in oil and gasoline and it does naturally dissipate over time.

Bakken Crude, DOT-111, Federal Regulation (U.S.), Oil Industry, Oil stabilization

North Dakota perspective on Bakken: ‘Getting it right’

From The Bismarck Tribune, Bakken Breakout
[An interesting analysis of the future of Bakken crude extraction from the perspective of an apparent oil industry advocate.  They’re listening!  – RS]

Getting it right

By Brian Kroshus, Publisher, September 17, 2014

Domestic oil production levels in the United States continue to rise – largely the result of the boom in shale oil drilling across the country. Notable plays like the Bakken shale in North Dakota and Permian and Eagle Ford shale in Texas, have been leading the way with more promising formations in different geographies, targeted for exploration and drilling in the years ahead.

Plays like the Bakken, Permian and Eagle Ford were actually in decline until only recently, having peaked decades ago when conventional, vertical wells were the only economically viable means of extracting crude. Now, those same plays are part of a drilling renaissance in key parts of the country. Geologists have known for years that more oil was present, trapped in source stone within the formations, but developing technology to profitably extract shale oil hasn’t come easy.

Today, oil production in the United States is surging thanks to advances in horizontal drilling and hydraulic fracturing techniques. Drillers are not only better understanding the geology of shale formations, but technology necessary to economically drill and produce oil. Increasingly, they’re becoming more efficient. Still, only a small percentage resource is making its way to the surface presently. Undoubtedly, more will continue to be learned in the years ahead, ultimately leading to higher extraction percentage and proven reserves.

From an energy independence standpoint, the outlook for the United States is certainly promising. In October 2013, for the first time in nearly two decades, the United States produced more oil than it imported. Predictably, while there are those including the current administration attempting to take partial credit, rising output has been the result of drilling on state and private lands. On federal lands, production has actually declined during Pres. Barack Obama’s time in office according to the American Petroleum Institute.

Despite declines on federal ground, experts still predict that the United States could be fully energy independent by the end of this decade. According the EIA, U.S. oil production will rise to 11.6 million barrels per day in 2020, from 9.2 million in 2012, overtaking Saudi Arabia and Russia and becoming the world’s largest oil producer. Over the same period, Saudi Arabia production levels are expected to decline from 11.7 million barrels to 10.6 million. Russia will also product less oil, falling from 10.7 million to 10.4 million barrels per day.

With a shale revolution and energy renaissance underway in the United States, there’s reason to be optimistic. Achieving energy independence appears to be within our grasp. Still, despite the prospect of becoming an energy independent nation, potential roadblocks loom.

In May, at the 2014 Williston Basin Petroleum Conference, Harold Hamm, CEO of Continental Resources told convention attendees that “we can’t have any more issues.” He also said “It has to be done in an absolute, safe manner. It’s going to take all of us.” He was referring to recent problems related to Bakken crude including pipeline ruptures and the fiery train derailment near Casselton, North Dakota this past December.

There’s a lot at stake. Companies like Continental Resources and others, are expected to invest billions in the years ahead to fully develop plays like the Bakken. Drillers are keenly aware that it’s their game to lose. Hamm stressed, “If we have anything, they’re going to shut us down. So many people want to stop fossil fuel use and production.”

Despite the positive macroeconomic effects rising domestic oil production and decreased imports have on the U.S. economy, job creation and economic growth alone won’t guarantee that shale oil production will continue, unless it is deemed safe and not a threat to public safety during transportation of Bakken crude in particular.

Volatility levels of Bakken crude and implication on public safety, continues to be heavily debated. The Lac-Megantic, Quebec, rail tragedy, where 47 people lost their lives when a runaway train carrying tanker cars filled with Bakken formation crude, derailed and exploded in the heart of town has been at the center of that debate. The explosions were so intense, that approximately one-half of the downtown area was destroyed.

Understandably, safely transporting Bakken crude by rail throughout North America, knowing freight rail routes frequently pass through residential areas on their way to final destinations, is a top industry priority. Much of the focus has been and remains on the DOT-111 tank car. On July 23 the U.S. Department of Transportation announced comprehensive proposed rulemaking for the safe transportation of crude oil and flammable materials, with Bakken crude being mentioned – in the form of a Notice of Proposed Rulemaking (NPRM) and a companion Advanced Notice of Proposed Rulemaking (ANPRM).

The NPRM language includes “enhanced tank car standards, a classification and testing program for mined gases and liquids and new operational requirements for high-hazard flammable trains that includes braking controls and speed restrictions.” Within two years, it proposes to “phase out of the older DOT-111 tank cars for the shipment of flammable liquids including Bakken crude oil, unless the tank cars are retrofitted to comply with new tank car design standards.” It also seeks “Better classification and characterization of mined gases and liquids.”

The North Dakota Public Service Commission has set a special hearing for September 23rd, as a part of the discussion on the volatility of Bakken crude and potential oil conditioning requirements necessary to safely transport oil from the Williston Basin. Reducing the light hydrocarbons present in Bakken crude would not only provide greater safety, but the standardization of Bakken crude into a class of oil much like West Texas Intermediate, possibly creating premium pricing opportunities.

NDPSC involvement and recommendations in addition to oil conditioning include heightened rail inspection efforts at the state level in addition to the Federal Pipeline and Hazardous Materials Administration, and emergency response training. Working closely with federal officials and a heightened inspection process, will require additional resources moving forward.

Expanding pipeline capacity and reducing reliance on rail to transport Bakken crude will continue to be a growing need, playing a role in addressing public safety concerns. The North Dakota pipeline authority anticipates two new pipelines coming online before the end of 2016, with capacity for 545,000 barrels a day. Another third proposed pipeline, capable of handling an additional 200,000 barrels, could potentially be in operation by late 2016 or early 2017.

With daily production expected to reach 1.5 million barrels in 2017, and 1.7 million barrels in early 2020, diversifying how Bakken crude is moved to market will be necessary not only from a public safety standpoint, but in order to address logistically challenges that continue to surface as production levels increase.

Extracting domestic oil and gas, moving it to market and properly disposing of or using byproducts created during the production process in a safe and efficient manner will be necessary in order for plays like the Bakken to be fully capitalized on. Those opposed to fossil fuel production will continue to watch and patiently wait for any opportunity to pressure elected officials and sway public opinion.

Ensuring both public and environmental safety to ensure the future of domestic oil production – will require a cooperative effort on the part of both industry and the state. As Harold Hamm alludes to, it truly is industries game to lose.

Bakken Crude, Crude By Rail, DOT-111, Federal Regulation (U.S.), U.S. Department of Transportation

Groups sue over oil shipments in older rail cars

Repost from The Bismarck Tribune, Bismarck, ND

Groups sue over oil shipments in older rail cars

September 11, 2014

SEATTLE (AP) — Environmental groups sued the U.S. Department of Transportation on Thursday over the shipment of volatile crude oil in older railroad tank cars.

Accident investigators have complained for decades that the cars are too easily punctured or ruptured when derailed, leading to spills.

The lawsuit filed by the Sierra Club and ForestEthics says the agency failed to respond to a legal petition the groups filed in July. That petition sought an emergency order to prohibit crude oil from the Bakken region of North Dakota and Montana and elsewhere from being carried in older tank cars, known as DOT-111s.

A spokesman with the Department of Transportation, Kevin Thompson, declined to comment, citing the pending litigation.

Since 2008, there have been 10 significant derailments in the U.S. and Canada in which crude oil has spilled from ruptured tank cars. The worst was a runaway oil train that exploded in the Quebec town of Lac-Megantic a year ago, killing 47 people.

The federal government in late July proposed rules that would phase out tens of thousands of older tank cars that carry crude oil and other highly flammable liquids.

But that process could take several years, and in the meantime, shipments of crude oil in older rail cars are putting small towns and major cities along the rail lines at risk, the groups said.

“That’s just far too long given the risks,” said Patti Goldman, a lawyer with Earthjustice, which is representing the groups.

The groups had asked the 9th U.S. Circuit Court of Appeals to order the agency to respond to its July petition within 30 days.

Crude By Rail, DOT-111, Local Regulation, Tank car design

New Jersey town council presses for moratorium on use of older tank cars

Repost from NORTHJERSEY.COM
[Editor: Significant quote by Teaneck Town Councilman Mark Schwarz: “‘If we’re all going to sit here and wait for our [Legislative] District 37 leadership and Congress’ to act, ‘then we’re going to die of old age.'”  – RS]

Teaneck Council presses for moratorium on use of older tank cars on oil trains through town

SEPTEMBER 11, 2014, BY AARON MORRISON

TEANECK — Local officials are pushing for a moratorium on the use of old tankers to carry millions of gallons of highly explosive materials on rail tracks through town.

Tank cars lining the CSX tracks near Cedar Lane in Teaneck in May. Fifteen to 30 oil trains pass each week through 11 Bergen County towns.
Tank cars lining the CSX tracks near Cedar Lane in Teaneck in May. Fifteen to 30 oil trains pass each week through 11 Bergen County towns. | CHRIS PEDOTA/STAFF PHOTOGRAPHER

Residents and members of the Township Council have expressed concern about the safety risks posed by crude oil traveling in substandard railcars that federal regulators have cautioned against.

The Record has reported that at least 7 million gallons per day of highly combustible Bakken crude oil comes through 11 Bergen County towns — Northvale, Norwood, Harrington Park, Closter, Haworth, Dumont, Bergenfield, Teaneck, Bogota, Ridgefield Park and Ridgefield – on the CSX River Line.

Concerns over the crude on the railways have mounted in recent months after a series of fiery accidents and derailments in North Dakota, Alabama and Virginia. Last summer, 47 people were killed when a train carrying Bakken crude derailed in a small Quebec town.

The Teaneck Council passed a resolution Tuesday night calling for the temporary ban until federal regulators have deemed the tankers adequate. Though ceremonial, the council hopes neighboring North Jersey communities will join in amplifying the message.

“The transportation of this material in such close proximity to homes, businesses and our water supply, raises serious public safety concerns and requires that we take immediate action to eliminate this hazard,” the resolution states.

Mayor Lizette Parker on Tuesday night said the township should hold federal lawmakers accountable, while other members of the council asked for development of a township emergency response plan, in the event of a derailment.

“This is a safety issue that needs to be important to them,” Parker said. “We do have the power of influence. And I don’t mean the seven of us” on the council. “I mean the 39,000 of us.”

Councilman Jason Castle urged his colleagues to consider an emergency management plan he said he circulated “two sessions ago.”

“My daughter just started school at the Rodda Center — she’s at the preschool there and the tracks run right by the Rodda Center,” he said.

Councilmen Henry Pruitt and Mark Schwartz said the township should find other strategies that don’t rely on action from officials in Trenton and Washington.

“If we’re all going to sit here and wait for our [Legislative] District 37 leadership and Congress” to act, “then we’re going to die of old age,” Schwartz said.

Enlisting other towns

While New Jersey officials declined to reveal the number of trains that travel on the rail line, citing security risks, documents provided by New York State officials showed between 15 and 30 oil trains are entering Bergen County from Rockland County each week. The trains also travel through Hudson, Essex, Union, Middlesex, Somerset and Mercer counties, according to a map on CSX’s website.

Rail executives this year agreed to more track inspections and a reduction in train speeds in highly populated areas, but they haven’t been swapping out their fleet of old tanker cars. Even though the National Transportation Safety Board has called the tankers inadequate for transporting such flammable materials, federal officials are only recommending that railway companies stop shipping crude in the old cars.

Two weeks ago, the Teaneck Council asked Township Manager William Broughton to send letters to the other Bergen County municipalities along the CSX line. Broughton told the council he had not received any responses as of Tuesday.

The manager also said the township is already working with CSX “on this issue of preparedness and response.” This week, CSX paid for one of the township’s deputy fire chiefs to attend safety training in Pueblo, Colo. The course deals specifically with fires from crude oil, Broughton said.

Residents at Tuesday’s meeting praised the council’s attention to the issue. Some even vowed to take drastic measures to stop the trains from coming past their homes and businesses and force federal reforms.

“I will personally sit on those tracks, and anyone else who wants to can join me,” said Paula Rogovin, who organized a protest at one of the railway bridges in town.