Category Archives: Emergency Readiness & Response

New rules on oil trains draw flak from firefighters, too

Repost from the Bellingham Herald

New rules on oil trains draw flak from firefighters, too

By Curtis Tate, McClatchy Washington Bureau, May 11, 2015
Derailed train cars burn near Mount Carbon, W.Va., Monday. A CSX train carrying crude oil derailed at around 1:20 p.m. Monday, spilling oil into the Kanawha River and destroying a home in the path of the wreckage. Marcus Constantino/ Daily Mail

— Lawmakers and environmental and industry groups criticized the federal government’s new safety measures for oil trains when they were announced earlier this month. Now another group has expressed disappointment in the new rules:

Emergency responders. They’re among the first in danger when a fiery derailment happens.

After another oil train derailed and caught fire last week, this time in North Dakota and the fifth in North America this year, firefighters renewed their call for more training and information about hazardous rail shipments.

The International Association of Fire Fighters’ primary objection to the new rules is about their information-sharing requirements. But Elizabeth Harman, an assistant to the general president of the group, also said firefighters needed more training on responding to hazardous materials incidents. The rule didn’t directly address that issue, though some lawmakers have sought additional funding.

“The training that’s needed has been developed,” she said. “This is the first step that needs to be funded and expanded for all first responders.”

Harman said her group had been talking to the Federal Emergency Management Agency about making more competitive grants available for first-responder training.

Tank cars still showing accident vulnerability

Tens of thousands of rail tank cars haul flammable liquids, such as crude oil and ethanol, across North America, and most have weak spots that make them vulnerable to puncture and fire in an accident. A new tank car design has been approved, but is not widely available yet. There have been five serious oil train derailments so far this year.

Old and new tank car designs
Click for full size viewing
Accidents
Click for full size viewing.
  1. Feb. 14, Gogama, Ontario, 29 cars of a Canadian National oil train derail and a fire engulfs seven cars. No injuries are reported.
  2. Feb. 16, Mount Carbon, W.V., 28 cars of a CSX oil train derail along the banks of the Kanawha River. One injury reported.
  3. March 5, Galena, Ill., 21 cars of a BNSF crude oil train derail and a fire erupts.
  4. March 7, Gogama, Ont., 39 cars of a Canadian National oil train derail and a fire engulfs multiple cars. A bridge is destroyed by the heat. No injuries are reported.
  5. May 6, Heimdal, N.D., six cars of a BNSF crude oil train derail and a fire erupts, forcing temporary evacuation of Heimdal.
*In addition to the 2015 accidents, the map locates selected derailments from 1981 through 2014 involving DOT-111A tank cars that polluted waterways and threatened cities with flammable or toxic chemicals.  Sources: McClatchy Washington Bureau, National Transportation Safety Board, Department of Transportation, Surface Transportation Board, Association of American Railroads, Railway Supply Institute

Since 2010, an exponentially larger volume of flammable liquids, especially crude oil and ethanol, has been moving by rail, and with it has come an increase in risk to communities.

“We need to be prepared for it, and we’re willing to be prepared for it,” Harman said.

The rail industry and the government have funded new training for emergency responders as a result of the increased risk. Railroads train 20,000 firefighters a year in communities across the country, according to the Association of American Railroads, an industry group.

Since last summer, the rail industry has paid to send hundreds more to an advanced firefighting academy in Pueblo, Colo., designed for responding to oil train fires.

While firefighter groups have praised the industry’s efforts, 65 percent of fire departments involved in responding to hazardous materials incidents still have no formal training in that area, according to a 2010 survey by the National Fire Protection Association.

While no first responders have been injured in multiple oil train derailments and fires in the past year and a half, they’ve faced numerous challenges:

– When an oil train derailed and caught fire near Casselton, N.D., on Dec. 30, 2013, a BNSF student engineer became an ad-hoc first responder. According to interview transcripts published last month by the National Transportation Safety Board, the student donned firefighting gear and equipment as he uncoupled cars that were still on the track to move them away from the fire.

– When an oil train derailed and caught fire in downtown Lynchburg, Va., on April 30, 2014, first responders didn’t know right away which railroad to call, since two companies operate tracks through the city. According to a presentation at a conference of transportation professionals in Washington in January, it also took 45 minutes for first responders to obtain documents showing them what the train was carrying.

– After an oil train derailed and caught fire near Galena, Ill., on March 5 this year, volunteer firefighters could reach the remote site only via a bike path. Once there, they attempted to extinguish the fire, but had to retreat when they realized they couldn’t, leaving their equipment behind. According to local news reports, their radios didn’t work, either.

Harman said the U.S. Department of Transportation’s new regulations for trains carrying crude oil, ethanol and other flammable liquids didn’t go far enough with respect to information that railroads provided to communities.

Under an emergency order the department issued last May, railroads were required to report large shipments of Bakken crude oil to state emergency-response commissions, which then disseminated that information to local fire departments.

But under the department’s new rules, starting next year, railroads will no longer report the information to the states, and fire departments that want the information will have to go directly to the railroads. It also will be shielded from public disclosure.

“These new rules fall short of requiring rail operators to provide the information fire departments need to respond effectively when the call arrives,” said Harold Schaitberger, general president of the firefighters group.

Susan Lagana, a spokeswoman for the Department of Transportation, said Friday that the department was reviewing feedback from emergency responders and lawmakers to address their concerns.

She said the new rule would expand the amount of information available to first responders and noted that for now, last year’s emergency order remains in place.

Ed Greenberg, a spokesman for the Association of American Railroads, said the industry was reviewing the new regulations. He said it had shared information with first responders for years and would continue to do so.

Greenberg said the industry was developing a mobile application called AskRail that would give emergency responders immediate access to information about a train’s cargo.

“Freight railroads have ongoing dialogue with first responders, residents and local civic officials on rail operations and emergency planning,” he said.

Emergency planners in Washington state sought more information about oil trains from BNSF, including routing information, worst-case derailment scenarios, response planning and insurance coverage. On April 30, the railroad met with state fire chiefs in Olympia.

“I think both sides learned a little bit about the other group’s point of view,” said Wayne Senter, the executive director of the Washington Fire Chiefs. “I was pretty positive by the end of the meeting the information we asked for in our letter was either available or will soon be available either directly or indirectly.”

Samantha Wohlfeil of The Bellingham (Wash.) Herald contributed to this article.

Crude Oil Rail Shipments Sabotage Freedom of Information Act

Repost from Forbes

Crude Oil Rail Shipments Sabotage Freedom of Information Act

By James Conca, May 5, 2015 @ 4:40 AM

New regulations from the U.S. Department of Transportation declare that details about crude oil rail shipments are exempt from public disclosure (Tri-City Herald).

This ends DOT’s existing regulations that required railroads to share with state officials, and the public, information about shipping large volumes of dangerous crude oil by rail. These disclosure requirements were put in place last year after a Bakken crude oil train-wreck in Lynchburg, Virginia.

Now, railroads will only have to share this information with emergency responders who will be mum. And the information will be exempt from the Freedom of Information Act as well as public records and state disclosure laws (SSI).

Better response, slower speeds and safer rail cars are needed to stem the rise of crude oil rail car accidents. Transparency would be nice, too, although that took a real hit last week with the new regulations from the Department of Transportation. Source: National Transportation Safety Board

True, the new regulations do cover critical oil train operations in terms of “speed restrictions, braking systems, and routing, and adopts safety improvements in tank car design standards and a sampling and classification program for unrefined petroleum-based products.” All good things long needed to address the growing dangers in rail transport of crude.

But after the Lynchburg derailment and inferno, the feds required railroads to notify emergency response agencies if shipments over a million gallons crude oil were going through their states. Railroads complied, but asked states to keep that information confidential.

Most states refused (McClatchy).

Since then, the industry argued that details about the crude oil rail shipments were sensitive from a security and customer protection standpoint and should not be available to the public, although it’s more likely they just don’t want to get hassled by a public trying to restrict shipments from going through their towns, across their rivers and along their coasts.

At first, the Federal Railroad Administration disagreed with the industry (Federal Register), saying that information about the shipments was not sensitive from any standpoint.

But they seemed to have quietly caved to industry pressure.

The twin forces of the new North American energy boom and the lack of pipeline capacity have combined to suddenly and dramatically increase crude oil shipping by rail. The energy boom is not going away, and the XL pipeline is on hold indefinitely, so the increase in rail will continue.

Crude is a nasty material, very destructive when it spills into the environment, and very toxic when it contacts humans or animals. It’s not even useful for energy, or anything else, until it’s chemically processed, or refined, into suitable products like naphtha, gasoline, heating oil, kerosene, asphaltics, mineral spirits, natural gas liquids, and a host of other products.

Thus, the need to get it to the refineries that can handle it, mostly along the coasts. Without new pipelines, it’s going to go by rail.

But fiery derailments of crude oil trains in North America are becoming almost frequent, along with many simple spills (dot111). Every minute of every day, shipments of two million gallons of crude are traveling over a thousand miles in hundred-tank-car trains (PHMSA.gov), delivering as much oil as is expected by the Keystone XL Pipeline.

A clear example of this danger came on July 6, 2013, when a train carrying 72 tank cars, and over 2,000,000 gallons of Bakken oil shale crude from the Williston Basin of North Dakota, derailed in the small town of Lac-Megantic, Quebec. Much of the town was destroyed and forty-seven people were killed.

According to billionaire Warren Buffett, these new federal standards for shipping crude oil by rail will definitely slow-up the industry, and as CEO of Berkshire Hathaway’s BNSF railroad and its Union Tank Car business, he should know (Tri-City Herald).

Buffett says railroads are critical for transporting potentially dangerous products across the United States, and he thinks it makes more sense for railroads to haul them instead of trucks or pipelines, a controversial stand given the historical data (Pick Your Poison).

So what is the safest way to move crude oil?

The volume of oil spilled per billion-ton-miles for each mode of transport - truck worse than pipeline worse than rail worse than boat. But it depends upon your definition of worse. Source: Congressional Research Service R43390

The short answer is: truck worse than train worse than pipeline worse than boat (Oilprice.com). But that’s only for human death and property destruction. For the amount of oil spilled per billion-ton-miles, it’s truck worse than pipeline worse than rail worse than boat (Congressional Research Service). Even more different is for environmental impact, where it’s boat worse than pipeline worse than truck worse than rail.

But the accident frequency trend is against rail. Oil trains are getting bigger and towing more and more tanker cars. From 1975 to 2012, trains were short and spills were rare and small, with about half of those years having no spills above a few gallons (EarthJustice.org). Then came 2013, in which more crude oil was spilled in U.S. rail incidents than was spilled in the previous thirty-seven years.

The danger seems to be centered in the rail tank cars themselves (The Coming Oil Train Wreck). If these new regulations makes the rail cars safer, makes them go slower and routes them around environmentally sensitive or vulnerable areas, that’s wonderful.

But I don’t see why we aren’t allowed to know when the crude oil trains are near us.

New oil-train safety rules will put public back in the dark

Repost from the Bellingham Herald

New oil-train safety rules will put public back in the dark

By Curtis Tate, McClatchy Washington Bureau, May 1, 2015

WASHINGTON — Details about rail shipments of crude oil and ethanol will be made exempt from public disclosure under new regulations announced by the U.S. Department of Transportation on Friday.

The department will end its requirement, put in place a year ago, that required railroads to share information about large volumes of Bakken crude oil with state officials.

Instead, railroads will share information directly with emergency responders, but it will be exempt from the Freedom of Information Act and state public records laws, the way other hazardous materials such as chlorine and anhydrous ammonia are currently protected.

After a CSX train carrying Bakken crude oil derailed and caught fire in Lynchburg, Va., on April 30 last year, federal regulators required railroads to notify emergency response agencies of shipments of 1 million gallons or more of Bakken crude oil through their states.

The railroads complied, but asked states to sign agreements to keep the information confidential. Some agreed, but most refused, citing a conflict with their open records laws.

Using FOIA and state public records laws, McClatchy last year obtained full or partial data on Bakken rail shipments from 24 states. Another five states denied McClatchy’s requests.

CSX and Norfolk Southern, the dominant eastern railroads, sued Maryland to block the state from releasing its information to McClatchy. A trial is scheduled for next month.

McClatchy, however, was able to obtain some of the information about the Maryland shipments by going to Amtrak. Norfolk Southern uses a portion of the passenger railroad’s Northeast Corridor for its crude oil trains.

Last fall, the rail industry’s leading trade groups quietly asked the Transportation Department to drop the requirement.

In pretrial documents in the Maryland lawsuit, the railroads’ lawyers maintain that disclosure of the information – including the routes the trains take and the counties through which they pass – could compromise security, erode the companies’ competitive edge and harm their customers.

As of October, the Federal Railroad Administration disagreed. It said that information about the Bakken shipments was neither security nor commercially sensitive and was not exempt from public release. It also said it would continue the reporting requirement.

But on page 242 of the 395-page final rule the department published on Friday, it appeared that the railroads got their wish.

Starting next year, emergency responders will have access to information about shipments of all types of crude oil, not just Bakken, ethanol and other flammable liquids. The volume threshold will also be lowered to 20 or more cars of flammable liquid in a continuous block, or 35 or more cars dispersed throughout a train.

The shipments, however, will be classified as “security sensitive” and details about them shielded from the public.

“Under this approach,” the regulation states, “the transportation of crude oil by rail can…avoid the negative security and business implications of widespread public disclosure of routing and volume data.”

Senator Cantwell: “The new DOT rule is just like saying let the oil trains roll. It does nothing…”

Senator Cantwell Press Release
[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]

Cantwell Statement on DOT Crude-by-Rail Safety Rules

May 1, 2015

WASHINGTON, D.C. – Today, U.S. Senator Maria Cantwell (D-WA) issued the following statement on the U.S. Department of Transportation’s new rules governing the safety of oil train tank cars.

“The 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.”

In March following four fiery derailments involving oil trains, Cantwell introduced the Crude-By-Rail Safety Act of 2015 with Senators Patty Murray (D-WA), Tammy Baldwin (D-WI), Dianne Feinstein (D-CA), and Jeff Merkley (D-OR). The legislation requires the Pipeline and Hazardous Materials Safety Administration (PHMSA) to establish new regulations to mitigate the volatility of gases in crude oil shipped via tank car. It also would immediately halt the use of older-model tank cars at high risk for puncturing and catching fire in derailments, as well approving $40 million for first responder training programs to improve emergency response procedures.