Category Archives: Ethanol

DOT proposes stricter oil train safety rules

Repost from Politico

DOT proposes stricter oil train safety rules

By Kathryn A. Wolfe  | 7/23/14
Anthony Foxx is pictured. | M.Scott Mahaskey/POLITICO
Anthony Foxx’s announcement follows a year-long spree of oil train crashes. | M.Scott Mahaskey/POLITICO

The Obama administration on Wednesday announced its long-awaited proposal to improve the safety of oil trains, a step meant to address a series of fiery derailments that have raised fears about the dark side of the North American energy boom.

The proposed rules include mandates for phasing out older, less-sturdy rail tank cars during the next two to five years, tightened speed limits, improved brakes and steps to address concerns that crude oil produced in North Dakota’s Bakken region is unusually volatile or flammable. The rules also include provisions that would affect the shipment of ethanol, another flammable liquid frequently transported by rail.

“We need a new world order on how this stuff moves,” Transportation Secretary Anthony Foxx told reporters in making the announcement.

“More crude oil is being shipped by rail than ever before,” Foxx said. “If America is going to be a world leader in producing energy, our job at this department is to ensure that we’re also a world leader in safely transporting it.”

The details of the White House-vetted proposal had been the subject of fierce lobbying by the oil industry, which maintains that Bakken crude doesn’t pose unusual dangers, and the railroads, which have long called for tougher tank-car standards but objected to calls for reduced speed limits. The rules would offer both industries incentives to go along — for instance, oil trains meeting the toughened standards for crashworthiness and brakes could travel as fast as 50 mph in all areas, while those that don’t could be limited to 30 mph or 40 mph.

“The fact that the proposed rule incorporates several of the voluntary operating practices we have already implemented demonstrates the railroad industry’s ongoing commitment to rail safety,” Ed Hamberger, CEO of the Association of American Railroads, said in a statement Wednesday. “We look forward to providing data-driven analyses of the impacts various provisions of the proposal will have on both freight customers and passenger railroads that ship millions of tons of goods and serve millions of commuters and travelers across the nationwide rail network every day.”

The American Petroleum Institute initially said it would review the proposal, but it later blasted out a statement rejecting “speculation by the Department of Transportation” about the safety of transporting Bakken crude.

“Multiple studies have shown that Bakken crude is similar to other crudes,” CEO Jack Gerard said. “DOT needs to get this right and make sure that its regulations are grounded in facts and sound science, not speculation.”

The DOT proposal drew initial praise from lawmakers, along with some calls to go further.

Wednesday’s rollout followed months of interim rules and voluntary agreements with the railroad and oil industries. It also came after a year-long spree of oil train crashes in communities from Quebec and North Dakota to western Pennsylvania, rural Alabama and Lynchburg, Virginia — including one that killed 47 people in the Canadian town of Lac-Mégantic last July.

Even without any fatalities so far in the U.S., oil train accidents in 2014 have already shattered records for property damage, based on POLITICO’s review of data from the federal Pipeline and Hazardous Materials Safety Administration. As of late May — a month after the Lynchburg derailment — the damage toll exceeded $10 million through mid-May, nearly triple the damage for all of 2013. The number of incidents at that point in the year — 70 — was also on pace to set a record.

Oil trains have also inspired local opposition in communities from Albany, New York, to Washington state and the San Francisco Bay area, where residents expressed alarm at finding that they had become key way stations in a network of virtual pipelines that carry oil from production hot spots like North Dakota and western Canada.

Sen. Chuck Schumer (D-N.Y.) urged DOT to see that the rules are “finalized, implemented and enforced as soon as possible.”

“These desperately needed safety regulations will phase out the aged and explosion-prone … tanker cars that are hauling endless streams of highly flammable crude oil through communities across the country and New York,” Schumer said in a statement Wednesday.

Sen. John Hoeven (R-N.D.) said the proposal “appears to be comprehensive,” adding that “we will continue to review these proposed standards to ensure they are workable and will keep our communities safe.”

But Sen. Patty Murray (D-Wash.) who chairs the Appropriations subcommittee overseeing DOT, said in a statement that “there is still more work to be done, by both regulators and industry.”

“I’m pleased that the proposed regulations address issues I outlined in the 2015 transportation spending bill, like enhanced rail tank car standards and improved classification of flammable liquids, that are much-needed steps to improve the safety of our rail system,” Murray said.

Rachel Maddow: Disastrous record shows tank car hazard is decades old

Repost from MSNBC – The Rachel Maddow Show
[Editor: This is an incredible 18 minute report on the decades-long history of tank car failures, alerts by the National Transportation Safety Board … and inaction by the US Department of Transportation.  Enough!  – RS]

Disastrous record shows tank car hazard

Rachel Maddow  |  05/14/14

Rachel Maddow illustrates the safety shortcomings of the rail tank cars that are used to in large number to ship highly flammable material including Bakken crude oil, pointing to accidents, explosions, and toothless warnings going back over decades.

Non-pressurized DOT-111A tank cars known unsafe for decades

Repost from McClatchyDC
[Editor: The following influential report, published 1/27/14, was referenced in Rachel Maddow’s magnificent 5/14/14 expose on the decades of inaction on DOT-111 tank cars by the US Department of Transportation.  The Benicia Independent has published other reports by McClatchy’s Curtis Tate, but we had been unaware of this incredible – and timely – background piece.  Read, file away, send it with a letter to local, state and federal officials.  It’s time for action now!  – RS]

Railroad tank-car safety woes date decades before crude oil concerns

Curtis Tate  |  McClatchy Washington Bureau  |  January 27, 2014 

— Long before crude oil and ethanol were transported by railroads in large quantities in minimally reinforced tank cars, other flammable and poisonous materials were riding around the country in the same cars, threatening major cities and waterways.

Federal regulators might be weeks away from issuing new safety guidelines for tank cars carrying flammable liquids, after a series of frightening rail accidents over the past six months.

But the type of general-service tank car involved in recent incidents with crude oil trains in Quebec, Alabama and North Dakota – the DOT-111-A – has a poor safety record with hazardous cargoes that goes back decades, raising questions about why it took so long for the railroad industry and its federal regulators to address a problem they knew how to fix.

Other, more specialized types of tank cars received safety upgrades in the 1980s, and the industry’s own research shows they were effective at reducing the severity of accidents.

Tank car manufacturers have built new DOT-111A cars to a higher standard since 2011, but the improvements haven’t caught up to tens of thousands of older cars.

To be sure, improper railroad operations or defective track cause many accidents involving tank cars. But the National Transportation Safety Board, which makes recommendations but has no regulatory authority, has cited the DOT-111A’s deficiencies many times over the years for making accidents worse than they could have been.

“Moving as quickly as possible to upgrade the tank cars is critical,” said Peter Goelz, a former managing director of the NTSB who’s now a transportation safety consultant. “No one wants to see it happen again.”

A review of federal reports and documents going back four decades shows that the DOT-111A tank car factored into a wide range of calamities, including:

  • A 1981 rail yard accident that shut down a portion of Newark International Airport and blocked traffic from reaching the Holland Tunnel into Manhattan until a punctured tank car finally burned out its contents of flammable ethylene oxide after 40 hours.
  • A 1983 rail yard accident that triggered the evacuation of 9,000 people in Denver when corrosive nitric acid escaped through a puncture in a tank car, forming a large vapor cloud.
  • A 1991 derailment – the worst chemical spill in California history – that sent a tank car loaded with a toxic pesticide tumbling into the Sacramento River, poisoning a 40-mile stretch of one of the state’s most important water supplies and fishing areas.
  • A 1992 spill near Superior, Wis., that resulted in the release of benzene into the Nemadji River, leading to the evacuation of 40,000 people in Superior and nearby Duluth, Minn., and the deaths of 16 species of wild animals near the accident site.
  • A 2001 derailment midway through a 1.7-mile, century-old rail tunnel beneath downtown Baltimore in which a punctured tank car carrying flammable tripropylene fed a raging fire that burned for five days, ruptured a 40-inch water main and prompted the evacuation of the Camden Yards baseball park.

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.

Two weeks later, a Southern Pacific train came off the tracks in a sharp curve at Cantara Loop, near Dunsmuir, Calif. A DOT-111A tank car leaked 19,000 gallons of metam sodium into the Sacramento River from a relatively small puncture. That outcome could possibly been improved by installing a half-inch-thick shield over each car’s end, or head, a location vulnerable to punctures.

In 1994, the railroad paid a $38 million settlement for a spill from just one tank car.

A decade later, the DOT-111A fleet began hauling vast quantities of ethanol as a federal renewable-fuel standard, mandated in the 2005 Energy Policy Act, began to take effect.

The cars’ vulnerability became evident more once, this time with a highly flammable liquid. The 2006 derailment of a Norfolk Southern ethanol train in New Brighton, Pa., about 30 miles northwest of Pittsburgh, got the attention of the NTSB again on tank car safety.

The ethanol boom took its toll in several other derailments, including a 2009 accident in Cherry Valley, Ill., near Rockford, that took the life of a motorist who was waiting for a train at a road crossing. Nine other people, including two firefighters, were injured. The NTSB, in its 2012 report on the accident, again cited the deficiencies of the DOT-111A.

“If enhanced tank head and shell puncture-resistance systems such as head shields, tank jackets and increased shell thicknesses had been features of the DOT-111 tank cars involved in this accident,” the agency wrote, “the release of hazardous materials likely would have been significantly reduced, mitigating the severity of the accident.”

Now Bakken crude oil, extracted from shale rock through hydraulic fracturing, has factored in at least three catastrophic derailments since July, including one that killed 47 people in Lac-Megantic, Quebec.

Another large crude-oil fire erupted near Aliceville, Ala., in November, when a train left the tracks in an unpopulated wetland area. Nearly 750,000 gallons were spilled in that incident, according to federal data.

In a preliminary report from its investigation of the December derailment of a BNSF crude oil train in Casselton, N.D., the NTSB said 18 of the 20 DOT-111A tank cars that derailed sustained punctures. The crash ignited a fire that billowed hundreds of feet into the frigid air, keeping two-thirds of the town’s 2,400 residents away from their homes for a day. The NTSB estimates that more than 400,000 gallons of crude oil spilled.

“When it starts to become a pattern, it becomes a problem,” said Larry Kaufman, a retired railroad-industry public relations official who worked for BNSF predecessor Burlington Northern, as well as Southern Pacific, which has since merged into Union Pacific.

In his budget plan this month, Democratic California Gov. Jerry Brown modified the state’s oil-spill response plan to anticipate the increased risk of an inland incident involving crude oil transported by train, including any near rivers and streams that supply the state with water.

Steve Evans, who coordinates the wild and scenic rivers program at Friends of the River, a group in Sacramento, Calif., was involved in settlement talks after the 1991 California spill.

“We’re bound to have a disaster sooner or later,” he said.

Read more here: http://www.mcclatchydc.com/2014/01/27/215650/railroad-tank-car-safety-woes.html#storylin

PBS News Hour report on crude by rail; interview of NTSB Chair

Repost from PBS News Hour
[Editor: On this highly influential PBS Newshour video, reporter Judy Woodruff  gives background on recent derailments and explosions and concludes with an interview of NTSB Chair Deborah Hersman.  Hersman urges action by the regulatory agencies to phase out the deadly DOT-111 tank cars, as is being done in Canada.   This 8 minute video was seen by millions of PBS viewers on Wednesday, April 23.  (My apologies for the unavoidable commercial ad that begins this video.)  – RS]