Category Archives: DOT-111

Bakken Crude, Crude By Rail, DOT-111, Federal Regulation (U.S.), Take Action

Bainbridge Island Review Guest Opinion: Why I blockaded an oil train

Repost from the Bainbridge Island Review

GUEST OPINION: Why I blockaded an oil train

BY ANNETTE KLAPSTEIN, August 16, 2014

On Monday, July 28, I joined Jan Woodruff of Anacortes and Adam Gaya of Seattle in locking ourselves to barrels full of concrete on the rail spur into the Tesoro refinery in Anacortes in order to keep an oil train from leaving the refinery.

Why would a 62-year-old retired lawyer and long-time resident of Bainbridge Island take such a drastic action?

The short answer is: I could not do otherwise.

This kind of resistance may seem extreme, but these are extreme times — these oil trains present an imminent threat to the lives and safety of tens of thousands of our friends and neighbors, and our politicians have done a woefully inadequate job of addressing this.

The puncture-prone DOT-111 tanker cars were deemed “inadequate” by federal authorities more than 20 years ago. Yet every week, more than a dozen of these trains travel through downtown Seattle to refineries including Tesoro.

These trains are carrying Bakken shale crude, which the DOT has warned is unusually volatile and can catch fire at temperatures as low as 75 degrees F!

There have been very frequent derailments, including one in Seattle last week (headed for the Tesoro refinery), which occurred despite a train speed of only 5 miles per hour. Had it been going much faster, the results would likely have been catastrophic.

There have been five explosions and massive fires associated with derailments within the past year, the worst being at Lac-Megantic, Quebec, where a derailment caused a massive explosion, leveling several city blocks and vaporizing 47 people. If this happens in Seattle near the sports stadiums during a Seahawks or Mariners game, tens of thousands of people will die a horrific death.

Tesoro had a terrible safety record even before the huge increase in oil-by-rail.

After its tragic 2010 fire, which killed seven workers, it was found to have committed 39 “willful” and five “serious” violations of safety regulations.

Tesoro is planning to build the massive Tesoro Savage Vancouver Oil Terminal, a project so fraught with potential problems that the Vancouver City Council has asked Governor Inslee to reject it.

The United States Supreme Court, in its questionable wisdom, has declared corporations to be “persons” with human rights. If Tesoro and the other oil companies trying to turn our beautiful state of Washington into the Bakken shale oil dealer to the world are “persons” it is terribly clear to me what sort of “persons” they are: psychopaths — lacking all conscience or empathy. If any other group of people exposed us to such risks, they’d be locked up as the criminals they are. Instead, we get cheap bromides about “safe fracking,” while wells across the country are poisoned and billions of gallons of water in drought-stricken California are ruined: all for cheap dirty energy, in an era when the ravages of climate change are becoming increasingly visible.

The fires in Washington last week were one small sample of ominous things to come. In under a week of the official fire season, more area was burned than in any full year of the past decade. If we do not take drastic measures to address climate change immediately, our children and grandchildren will have to live through the collapse of our civilization within decades. I cannot live with that on my conscience.

And what has our political leadership offered to address these issues? Feeble and half-hearted actions such as the federal plan to “phase out” the most unsafe oil-by-rail cars over the next four years.

In four years we are certain to have more disasters and more deaths — such a plan is criminally negligent and absolutely unacceptable.

We need a total ban on all shipment of Bakken crude by rail NOW, and a complete halt to the development of any new oil terminals in the Pacific Northwest.

The oil companies have no sense of responsibility to anything but their bottom lines. Companies that make decisions like this have no place doing business on our increasingly fragile planet, and we the people of the state of Washington have to draw the line.

Annette Klapstein is a Bainbridge Island resident and a retired attorney who worked for the Puyallup Indian Tribe for 21 years, primarily on fisheries issues.
Bakken Crude, Canadian regulation, Crude By Rail, DOT-111, Insurance Industry, Tank car retrofit, Volatile gases

Rightwing Canadian Thinktank: Bakken crude is safe, consumers will pay for unneeded regulation

Repost from The Waterloo Record, Kitchener, Ontario, Canada [Editor: It is instructive – although distressing – to take note of current talking points of the right-wing Canadian Fraser Institute.  – RS]

Consumers are the losers in rush to regulate oil by rail

Opinion, by Kenneth P. Green

In the wake of the 2013 Lac-Mégantic oil-by-rail disaster, when a train carrying crude oil from North Dakota’s Bakken field exploded in Quebec, some people began to characterize Bakken crude oil as “uniquely flammable,” implying that new rail car standards might be required to move the material.Indeed, the supposed uniquely flammable characteristics of Bakken crude was ultimately cited as a central reason for the recent Department of Transportation proposal to tighten railcar standards in the U.S., which Canada will almost certainly have to match given the integrated nature of the North American rail system.

There’s no question we must carefully consider the safety of how we move oil, whether by pipeline, rail, roadway or barge. But we should make those judgments based on data, not on emotion or hunches. We also need to consider the costs that such decisions might impose on consumers of oil and derivative products and services. And a recent study of Bakken crude commissioned by the North Dakota Petroleum Council reveals that Bakken crude is just regular crude oil that can be safely transported in existing rail cars.

The study sampled Bakken crude at 15 well sites across the Bakken formation, and at seven rail terminals, testing the oil for a broad range of physical characteristics.

To summarize the findings in plain language: Bakken crude is comparable to light sweet crude oil when it comes to its relative weight as compared to water, and it has very low levels of sulphur and corrosive acidic components. The vapour pressure of Bakken oil (a measure of how much outward pressure that Bakken oil would exert on a container such as a rail car) was found to be within a few pounds per square inch of other light sweet crude oils.

The flash point of Bakken oil (that’s the lowest temperature at which the oil could vaporize enough to ignite in air) was found to be below 73 degrees Fahrenheit, similar to other light sweet crudes. The initial boiling point (that’s the temperature at which bubbles form in a heated liquid) was found to be between 95 F and 100 F, which is also in the normal range for light sweet crude oil; and Bakken crude didn’t have unusually high concentrations of very light (and particularly flammable) hydrocarbons (known as “light ends”).

And, contrary to suggestions that there might have been additions to Bakken crude that would make it uniquely flammable, the study found no evidence that Bakken crude was “spiked” with more flammable natural gas liquids prior to being shipped by rail.

Finally, the report notes that: “… Bakken crude oil meets all specifications for transport using existing DOT-111 tank cars.” This conclusion is consistent with the recent American Fuel & Petrochemical Manufacturers Bakken Report, which stated: “Bakken crude oil does not pose risks significantly different from other crude oils or other flammable liquids authorized for rail transport. While Bakken and other crude oils have been classified as flammable liquids, the report noted Bakken crude poses a lower risk than other flammable liquids authorized for transport by rail in the same specification tank cars.”

The “uniquely flammable” narrative has driven the ongoing process to develop new rail-safety regulations, and new standards have been proposed in the U.S.

Retrofitting existing rail cars to meet the new standards is estimated to cost between $30,000 US and $40,000 US, and industry estimates suggest there are about 78,000 cars that need to be retrofit, at a total cost of $2.3 billion US to $3.1 billion US. Complying with the new regulations will increase costs of oil transport and, thus, the cost of oil, gasoline, derivative products and services provided through the use of those products for everyday consumers. It will also slow the trend of the shift to rail, at least in the short term, until retrofits can be worked through the system.

Some have suggested that the new standards might engender savings through reduced insurance rates, though this seems unlikely. In the wake of the Lac-Mégantic derailment, the United States Pipeline and Hazardous Materials Safety Administration effectively concluded that current insurance coverage levels were not simply low, they were drastically too low to cover potential costs of an accident. If anything, there will be still higher insurance rates issued to cover the more expensive cars, further reducing the economic viability of moving large quantities of oil by rail.

Adding to the complexity, there may not be sufficient resources in the rail-insurance sector to step up to the plate and offer more comprehensive coverage.

We may or may not be safer as a result of the proposed tank-car regulations, but it may be that the “uniquely flammable” narrative of Bakken crude has led us to focus on the wrong problem by tackling the material aspect of things before we’ve tackled the insurance side of the equation. Most likely, an integrated process tying both factors together would have yielded a superior outcome.

Kenneth P. Green is the senior director of natural resource studies at the Fraser Institute, an independent, right-of-centre think-tank.
Bakken Crude, Crude By Rail, DOT-111, Emergency Readiness & Response, Hazmat notification

Merced Sun-Star editorial: Tell us when dangerous oil cars are rolling

Repost from The Merced Sun-Star

Our View: Tell us when dangerous oil cars are rolling

Editorial, August 15, 2014

Railroad tracks run up and down the valley like a spine, carrying everything from cans to cars, telephone poles to toothpicks. Many communities see 30, 40 or even 50 trains a day.  Some of those cars carry dangerous materials. Compressed gas and caustic chemicals move in black, cylindrical tank cars adorned with two markings – the red diamond with a flame and “DOT 111” stenciled on each car.

Not yet, but soon some of those rail cars will be hauling another dangerous material – crude oil extracted from the Bakken shale formation in North Dakota. While it is no more dangerous than many other chemicals, there’s likely to be a lot more of it on the rails that bisect our communities. The railroads and state must make certain that we are aware of these movements and have a plan for dealing with any emergency.

California’s Office of Emergency Services estimates shipments of Bakken crude will increase 25-fold by 2016 as 150 million barrels are sent to refineries in the Bay Area, Southern California and soon to two being readied in Bakersfield. That could mean thousands of tank cars a year moving through Modesto, Livingston, Merced and beyond. Mother Jones magazine calls it a “virtual pipeline.”

The Wall Street Journal reported Bakken crude contains higher amounts of butane, ethane and propane than other crude oils, making it too volatile for actual pipelines.

In July, 2013, a train carrying Bakken crude derailed and exploded in the small town of Lac-Megantic, Quebec, killing 47 people. Less dramatic derailments, some with fires, have occurred in North Dakota, Virginia and Illinois. The U.S. Department of Transportation reports 108 crude spills last year.

“When you look at the lines of travel from Canada and North Dakota, you figure if they’re headed for the Bay Area or to Bakersfield, the odds are that you’re going to see shipments going down the Valley,” said Assemblyman Roger Dickinson, who represents north Sacramento. So, he authored Assembly Bill 380, which would require the railroads to notify area first-responders whenever these trains are passing through.

Others are concerned, too. In July, the DOT issued proposed rules for safe transport, including increased cargo sampling, better route analysis, a 40 mph speed limit on trains labeled “high-hazard flammable,” and switching to newer, safer DOT 111 cars after Oct. 1, 2015. The new cars have double steel walls, better closures and heavier carriages. Currently, they make up about a third of the nation’s tanker fleet. California’s Office of Emergency Services has issued 12 recommendations, ranging from allowing better data collection to phasing out those old tank cars to better training for first-responders.

The railroads are already doing many of these things. Since the mid-1990s, BNSF has offered – at no charge – training for handling spilled hazardous materials and more extreme emergencies. But not enough local agencies have found the time to take the classes. A BNSF spokeswoman said the railroad would even come to town to conduct the training.

In May, the USDOT issued an emergency order in May requiring all carriers to inform first responders about crude oil moving through their towns and for the immediate development of plans to handle spills. Unfortunately, it contains a discomforting criteria: the order applies only to trains carrying 1 million gallons of Bakken crude, or roughly 35 tank cars. And to reach USDOT’s definition of a “high-hazard flammable train,” also requiring a warning, a train must have 20 tank cars.

Some perspective. In Virginia, one one tank car carrying Bakken crude exploded and flew an estimated 5,500 feet; a photograph of another explosion showed a fireball rising 700 feet from a single car. Our first responders ought to know when even one car carrying such material is coming through town. And that information must be shared beyond communities directly on rail lines because even our largest communities count on neighboring agencies to provide assistance during emergencies. When such cargo is moving, every emergency responder in the vicinity should be on alert.

Currently, the railroads share that information only if a local agency asks for it. That’s not good enough. Dickinson’s bill would make notification available on a real-time basis, without asking. But his bill mirrors federal orders on the size of the train; a dangerous loophole.

The incredible expansion of America’s oil resources is creating many positives – from more jobs to less dependence on foreign oil. But it’s happening so fast that we’re making up the safety aspects as we roll along. Federal rules don’t go nearly far enough to protect public safety in this new world.

Bakken Crude, DOT-111, Federal Regulation (U.S.), Light sweet crude, Oil stabilization, Volatility

Transp. secretary says ‘risk level is higher’ for Bakken crude transport

Repost from Dakota Resource Council
[Editor: Fascinating quotes from a variety of industry reps and North Dakota elected representatives, all scrambling to protect commercial interests.  They would like everyone to stop using the word “Bakken” to describe Bakken crude.  Wow, that should help a lot!  Secretary Foxx dances around the subject while maintaining the DOT’s finding that Bakken crude is more volatile and a higher risk.  – RS]

Transportation secretary says ‘risk level is higher’ for Bakken crude transport

By: Mike Nowatzki, Forum News Service, August 8, 2014

BISMARCK – U.S. Transportation Secretary Anthony Foxx said Friday that crude oil from North Dakota’s Bakken shale formation isn’t being singled out from other crudes in proposed new tank car standards, but he didn’t say definitively whether the Department of Transportation believes it’s more volatile than other light, sweet crudes.“

We’re seeing some light ends in the Bakken crude that suggests a higher level of volatility than we would see in typical crude,” Foxx said in a press conference after Friday’s meeting in Bismarck on national energy policy. “Of course, typical crude is a wide range of different, other types of crude.”

Earlier this week, industry representatives and members of the North Dakota Industrial Commission, including Gov. Jack Dalrymple, questioned why an analysis by the DOT’s Pipeline and Hazardous Materials Safety Administration singled out Bakken crude as being more volatile and riskier to transport than other U.S. crudes. A North Dakota Petroleum Council-commissioned study released Monday yielded similar data as the PHMSA study but found Bakken crude to be consistent with other types of light, sweet crude.

Dalrymple had said he planned to ask Foxx to explain, and the governor dove right into the topic when he took to the podium before Foxx during Friday’s Quadrennial Energy Review meeting at Bismarck State College.

“We are curious why the recent studies from the federal government have referred specifically to Bakken crude oil,” Dalrymple said to the crowd of more than 200 people at the National Energy Center of Excellence. “We think it’s important to classify crude oil by measurable characteristics” like vapor pressure and boiling point, “and not simply classify it by geographic source.”

Foxx told the audience that increased oil production in North Dakota — which now tops 1 million barrels per day — has led to a lot of DOT work on crude transportation. That work includes its crude testing program, Operation Classification, “which has showed us that the particular crude oil here finds itself on the higher end of volatility compared to other crude oils.”

“In addition to that, what we’re also finding is that because the oil is being transported over long distances, and in some cases in high numbers of trains back to back to back, that the risk level is higher than we have seen in some other parts of the country,” he said.

Last month, the DOT proposed enhanced tank car standards that would phase out the use of older DOT-111 tank cars for shipment of most crude oil within two years, Foxx said.

“And let me say specifically that we don’t single out Bakken oil from other oil,” he said.

Foxx said the DOT will continue researching crude characteristics.

Dalrymple said “we need to stop going around in this little circle about the word ‘Bakken,’” and noted the Industrial Commission will call a hearing, probably within the next month, to seek input on conditioning Bakken crude before storage and loading to try to lower its volatility.

Rep. Kevin Cramer, R-N.D., said a House oversight hearing is set for Sept. 9 in Washington, D.C., to review the industry report and “see just where Bakken crude falls in terms of characteristics.”

U.S. Energy Secretary Ernest Moniz also attended Friday’s meeting, the ninth of 11 meetings being held to help the Obama administration develop a national policy for energy infrastructure.

The administration is committed to an all-of-the-above energy strategy, and “North Dakota exemplifies that in so many ways,” Moniz said, noting he’d be driving by a wind-turbine farm on his way to tour the Great Plains Synfuels coal gasification plant near Beulah later in the day.

Moniz said it’s somewhat ironic that the nation is in an era of “energy plenty,” yet it’s developed so rapidly that infrastructure hasn’t had time to adjust, citing oil-by-rail challenges as one example.

U.S. Sen. John Hoeven, R-N.D., who sits on the Senate Committee on Energy and Natural Resources, said companies need regulatory certainty if they’re to invest in infrastructure such as pipelines and rail. He said U.S. oil production since 2009 is up 60 percent on private lands but down 7 percent on public lands.

“We’ve got to cut through these bottlenecks, the red tape,” he said, citing his proposed legislation to simplify regulations and give states primary responsibility to manage hydraulic fracturing, or fracking.

But among those who submitted public comments Friday were Dakota Resource Council members who called for a slowdown of oil permitting to allow natural gas gathering infrastructure to catch up and reduce flaring. North Dakota burned off 28 percent of its natural gas produced in May, according to a DOE memo.

Linda Weiss of Belfield, who serves as DRC board chairwoman and can see a gas flare about a quarter-mile from her home, said members also want more consideration given to landowners and planning to determine the best routes for pipelines and other infrastructure.

“They usually pit landowners against each other. They don’t do their due diligence to find the best route,” she said.

The volunteer ambulance service member also said more training is needed for emergency responders.

“What if something like Casselton or Quebec (happens)?” she said, referring to the derailment and explosion of train cars carrying Bakken crude that killed 47 people on July 6, 2013, in Lac-Megantic, Quebec, and the train derailment Dec. 30 near Casselton, N.D., that produced spectacular fireballs, but no injuries. “There is no way any of these small towns are prepared.”