Category Archives: Federal Regulation (U.S.)

Speed rules didn’t apply to train in ethanol spill

Repost from McClatchyDC
[Editor:  Reporter Curtis Tate of McClatchy DC was honored this week with a National Press Foundation award for his reporting on crude by rail.  The Benicia Independent has reposted many of Tate’s reports, and joins the NPF in honoring him for his many excellent contributions.  – RS]

Speed rules didn’t apply to train in ethanol spill

HIGHLIGHTS
• BNSF train didn’t meet 20-car threshold for lower speeds set by feds
• Minneapolis-Kansas City, Kan., train derailed on Nov. 7 near Alma, Wis.
• 10 notable derailments in North America this year

By Curtis Tate, November 17, 2015
Workers inspect railroad tank cars damaged in a derailment near Alma, Wis., on Nov. 8, 2015.
Workers inspect railroad tank cars damaged in a derailment near Alma, Wis., on Nov. 8, 2015. EPA

WASHINGTON  –  The train that derailed earlier this month in Wisconsin and spilled 20,000 gallons of ethanol into the Mississippi River didn’t have a sufficient number of cars carrying flammable liquids to meet lower federal speed requirements.

The government set the new requirements this year in response to safety concerns about transporting crude oil by rail.

According to railroad shipping documents, the train had 15 tank cars loaded with ethanol, five fewer than would trigger speed restrictions set by federal regulators. Because it didn’t meet that threshold, the train was permitted to operate at 55 mph.

Some lawmakers, environmentalists and community groups have criticized the speed limits in U.S. Department of Transportation’s rules, announced in May, because they only apply to trains that meet the department’s definition of high-hazard flammable trains. The train that derailed on Nov. 7 near Alma, Wis., did not.

Under the new rules, trains with 20 or more tank cars carrying flammable liquids in a continuous block or 35 cars dispersed throughout the train are held to 50 mph. They’re restricted to 40 mph within a 10-mile radius of 46 high-threat urban areas designated by the U.S. Department of Homeland Security.

The Wisconsin train originated in Minneapolis and was bound for Kansas City, Kan., according to shipping documents. Both cities are high-threat urban areas, and BNSF voluntarily set a lower speed limit of 35 mph, compared with the federal government’s 40 mph, in those cities.

Though the train was going 26 mph when it derailed, it met none of the criteria for those lower limits and could have traveled the same speed as a car on most state highways.

Amy McBeth, a BNSF spokeswoman, said the railroad was working with federal officials on the investigation.

There have been 10 notable derailments in North America this year with spills or fires, seven with crude oil and three with ethanol.

Key train speeds

50 mph: Trains carrying 20 or more cars of flammable liquids in a continuous block or 35 dispersed throughout a train.

40 mph: Trains meeting above criteria in 46 high-threat urban areas designated by the Department of Homeland Security.

35 mph: Voluntary speed restriction imposed in those cities by BNSF Railway.

Read more here: http://www.mcclatchydc.com/news/nation-world/national/economy/article45226446.html#storylink=cpy

 

Railroads Lose Challenge of Oil-Train Rules

Repost from The Wall Street Journal
[Editor:  Don’t get too excited when you read the headline.  The new braking systems WILL be required, but only after a 6-year phase-in period extending to 2021, and only on unit trains of 70 cars or more.  It’s telling that the railroads would even fight that kind of lazy safety upgrade.  – RS]

Railroads Lose Challenge of Oil-Train Rules

DOT ruling denies appeals by industry group and others

By Laura Stevens, Nov. 10, 2015 4:14 p.m. ET
The Association of American Railroads has said the new braking system required by DOT has not been proven to be effective but will be expensive to install. Photo: Bloomberg News

Railroads lost an agency appeal with the U.S. Department of Transportation in a battle over new crude-by-rail rules that require the installation of expensive new brakes on trains hauling hazardous flammable materials.

In a ruling issued by its Pipeline and Hazardous Materials Safety Administration last week, the agency denied appeals challenging the new rules, including one from the Association of American Railroads.

“While we understand that shippers, carriers, and tank-car manufacturers for Class 3 flammable liquids will face new challenges in the wake of these regulations, we maintain that they are capable of complying with the final rule,” the agency wrote.

The rail-industry group could still appeal the decision in court. A spokesman said the organization is reviewing the decision and considering its options.

The new rules, issued by the Transportation Department in May, include the phasing in of tougher tank-car standards over several years and requirements for new braking systems on trains hauling more than 70 cars of crude oil by 2021.

New investigative report on neglect of rail bridges

Repost from Forest Ethics

New Investigative Report Documents Threat from Oil Trains on Nation’s Neglected Rail Infrastructure

Investigative Report: DEADLY CROSSING: Neglected Bridges & Exploding Oil Trains

With a 5,000% increase in oil train traffic, Waterkeepers across the U.S. identify significant areas of concern with 114 railway bridges along known and potential routes of explosive oil trains

Tina Posterli, and Eddie Scher, Tuesday Nov 10, 2015

Waterkeeper Alliance, ForestEthics, Riverkeeper and a national network of Waterkeeper organizations released a new investigative report today called DEADLY CROSSING: Neglected Bridges & Exploding Oil Trains exploring the condition of our nation’s rail infrastructure and how it is being stressed by oil train traffic. From July to September 2015, Waterkeepers from across the country documented potential deficiencies of 250 railway bridges in 15 states along known and potential routes of explosive oil trains, capturing the state of this often neglected infrastructure in their communities.

The Waterkeepers identified areas of serious concern on 114 bridges, nearly half of those observed. Photos and video footage of the bridges inspected show signs of significant stress and decay, such as rotted, cracked, or crumbling foundations, and loose or broken beams. Waterkeepers were also present when crude oil trains passed and observed flexing, slumping and vibrations that crumbled concrete.

“Waterkeepers boarded their patrol boats to uncover what is happening to the structural integrity of our nation’s railway bridges, a responsibility our federal government has shirked,” said Marc Yaggi, executive director of Waterkeeper Alliance. “People deserve to know the state of this infrastructure and the risks oil trains pose as they rumble through our communities.”

This effort was initiated out of concern for the threat posed by the 5,000 percent increase in oil train traffic since 2008. Oil train traffic increases both the strain in rail infrastructure, as well as the likelihood of a rail bridge defect leading to an oil train derailment, spill, explosion and fire.

“Half the bridges we looked at have potentially serious safety problems,” says Matt Krogh, ForestEthics extreme oil campaign director. “There are 100,000 rail bridges in the U.S. – any one of them could be the next deadly crossing. Oil trains are rolling over crumbling bridges and we can’t wait for the next derailment, spill, and explosion to act.”

A review of rail bridge safety standards revealed that the federal government cedes authority and oversight of inspections and repairs to railway bridge owners. Overly broad federal law, lax regulations, and dangerously inadequate inspections and oversight compound the threat from oil trains. The 2008 federal law and subsequent Department of Transportation standards regulating rail bridge safety leaves responsibility for determining load limits, safety inspections, and maintenance with rail bridge owners.

“Do truckers get to inspect their own trucks? Do you get to inspect your own car? Of course not. So it’s insane, and completely unacceptable, that the rail industry gets to inspect its own infrastructure while moving cargo that is of such enormous risk to American citizens and the environment,” said Riverkeeper Boat Captain John Lipscomb.

Oil trains directly threaten the life and safety of 25 million Americans living inside the 1 mile evacuation blast zone in the case of an oil train fire, and the drinking water supplies for tens of millions more, says the report. The groups are calling for the federal government and rail industry to immediately inspect all rail bridges, share safety information with emergency responders and the public, and stop oil train traffic on any bridge with known safety problems.

Read Deadly Crossing.

Obama Rejects Keystone XL Pipeline in Key Win for Climate, Wildlife

Repost from the New York Times

Obama Rejects Construction of Keystone XL Oil Pipeline

By Coral Davenport, Nov. 6, 2015


WASHINGTON — President Obama on Friday announced that he had rejected the request from a Canadian company to build the Keystone XL oil pipeline, ending a seven-year review that had become a flash point in the debate over his climate policies.

Mr. Obama’s denial of the proposed 1,179-mile pipeline, which would have carried 800,000 barrels a day of carbon-heavy petroleum from the Canadian oil sands to the Gulf Coast, comes as he is seeking to build an ambitious legacy onclimate change.

“The pipeline would not make a meaningful long-term contribution to our economy,’’ the president said in remarks from the White House.

The move was made ahead of a major United Nations summit meeting on climate change in Paris in December, when Mr. Obama hopes to help broker a historic agreement committing the world’s nations to enacting new policies to counter global warming. While the rejection of the pipeline is largely symbolic, Mr. Obama has sought to telegraph to other world leaders that the United States is serious about acting on climate change.

The once-obscure Keystone project became a political symbol amid broader clashes over energy, climate change and the economy. The rejection of a single oil infrastructure project will have little impact on efforts to reduce greenhouse gas pollution, but the pipeline plan gained an outsize profile after environmental activists spent four years marching and rallying against it in front of the White House and across the country.

The rejection of the pipeline is one of several actions Mr. Obama has taken as he intensifies his push on climate change in his last year in office. In August, he announced his most significant climate policy, a set of aggressive new regulations to cut emissions of planet-warming carbon pollution from the nation’s power plants.

Republicans and the oil industry had demanded that the president approve the pipeline, which they said would create jobs and stimulate economic growth. Many Democrats, particularly those in oil-producing states like North Dakota, also supported the project. In February, congressional Democrats joined with Republicans in sending Mr. Obama a bill to speed approval of the project, but the president vetoed the measure.

Both sides saw the Keystone rejection as a major symbolic step, a sign that the president was willing to risk angering a bipartisan majority of lawmakers in the pursuit of his environmental agenda. And both supporters and critics of Mr. Obama saw the surprisingly powerful influence of environmental activists in the decision.

“Once the grass-roots movement on the Keystone pipeline mobilized, it changed what it meant to the president,” said Douglas G. Brinkley, a historian at Rice University who writes about presidential environmental legacies. “It went from a routine infrastructure project to the symbol of an era.”

Activists protested against the proposed Keystone pipeline outside the White House in January. Credit Doug Mills/The New York Times

Environmental activists cheered the decision as a vindication of their influence. They had sought to block construction of the pipeline because it would have provided a conduit for petroleum extracted from the Canadian oil sands. The process of extracting that oil produces about 17 percent more planet-warming greenhouse gases than the process of extracting conventional oil.

But numerous State Department reviews concluded that construction of the pipeline would have little impact on whether that type of oil was burned, because it was already being extracted and moving to market via rail and existing pipelines.

“From a market perspective, the industry can find a different way to move that oil,” said Christine Tezak, an energy market analyst at ClearView Energy Partners, a Washington firm. “How long it takes is just a result of oil prices. If prices go up, companies will get the oil out.”

However, a State Department review also found that demand for the oil sands fuel would drop if oil prices fell below $65 a barrel, since moving oil by rail is more expensive than using a pipeline. An Environmental Protection Agency review of the project this year noted that under such circumstances, construction of the pipeline could be seen as contributing to emissions, since companies might be less likely to move the oil via expensive rail when oil prices are low — but would be more likely to move it cheaply via the pipeline. The price of oil has plummeted this year, hovering at less than $50 a barrel.

The recent election of a new Canadian prime minister, Justin Trudeau, may also have influenced Mr. Obama’s decision. Mr. Trudeau’s predecessor, Stephen Harper, had pushed the issue as a top priority in the relationship between the United States and Canada, personally urging Mr. Obama to approve the project. Blocking the project during the Harper administration would have bruised ties with a crucial ally. While Mr. Trudeau also supports construction of the Keystone pipeline, he has not made the issue central to Canada’s relationship with the United States, and has criticized Mr. Harper for presenting Canada’s position as an ultimatum, while not taking substantial action on climate change related to the oil sands.

Mr. Trudeau did not raise the issue during his first post-election conversation with Mr. Obama..

The construction would have had little impact on the nation’s economy. A State Department analysis concluded that building the pipeline would have created jobs, but the total number represented less than one-tenth of 1 percent of the nation’s total employment. The analysis estimated that Keystone would support 42,000 temporary jobs over its two-year construction period — about 3,900 of them in construction and the rest in indirect support jobs, like food service. The department estimated that the project would create about 35 permanent jobs.

Republicans and the oil industry criticized Mr. Obama for what they have long said was his acquiescence to the pressure of activists and environmentally minded political donors.

Michael Whatley, the vice president of Consumer Energy Alliance, a group that lobbies for the fossil fuel industry, released a statement Friday expressing disappointment in Mr. Obama’s decision.

He has thumbed his nose at more than two thirds of Americans who support reducing energy imports from unfriendly nations; who support job creation; who support friendly relations with our Canadian neighbors; who support regulatory decisions based on science, not politics; and who support big ideas and big achievements.

“This decision clearly flies in the face of volumes of scientific evidence that shows the Keystone XL pipeline would be safe, enhance environmental standards, and be a more cost-effective alternative to importing oil from overseas.”

Senator John Barrasso of Wyoming, the chairman of the Senate Republican Policy Committee, said: “It’s a bellwether decision by the president. I think the president made his decision to side with special interests, and that’s the way I see him going for the final two years.”