Category Archives: Federal Regulation (U.S.)

Federal Regulation (U.S.), Positive Train Control, Public safety funding

Railroads face big fines for failure to meet federal safety deadline

Repost from McClatchyDC

Railroads face big fines for failure to meet federal safety deadline

HIGHLIGHTS

  • Feds plan to enforce Dec. 31 deadline
  • Penalties could add up for railroads
  • Congress hasn’t provided much funding
By Curtis Tate, August 7, 2015

An Amtrak Capitol Corridor train from Sacramento, Calif., arrives at Diridon Station in San Jose on Aug. 10, 2012, alongside trains of Altamont Commuter Express. Amtrak and commuter railroads must install Positive Train Control this year under a 2008 mandate from Congress, but most will miss the deadline.

The Federal Railroad Administration plans to impose big penalties on railroads that fail to meet a year-end deadline to install a new collision avoidance system, including more than 70 percent of the nation’s commuter railroads.

Congress mandated Positive Train Control in 2008, but most of the nation’s commuter and freight railroads won’t have the system ready by Dec. 31. The technology is required for about 60,000 miles of track, including those that carry passengers or chemicals that are poisonous or toxic by inhalation.

A push in Congress to extend the deadline by three to five years has stalled, and lawmakers aren’t scheduled to return to the Capitol until next month.

Despite the commuter rail industry’s best efforts, implementing PTC nationwide by the end of this year is not possible. Michael Melaniphy, president and CEO, American Public Transportation Association

In a Friday report to lawmakers, the FRA said it planned to enforce the mandate they set in 2008. As of Jan. 1, 2016, railroads that have failed to install Positive Train Control on the required track segments face fines up to $25,000 a day for each violation.

“The potential civil penalties that FRA could assess are substantial,” the agency wrote.

Only 29 percent of the nation’s commuter railroads will meet the Dec. 31 deadline, according to the American Public Transportation Association, and the rest may need one to five more years.

“Despite the commuter rail industry’s best efforts,” said Michael Melaniphy, the association’s president and CEO, “implementing PTC nationwide by the end of this year is not possible.”

FRA has requested funding from Congress every year since 2011 to help commuter railroads install Positive Train Control, including $825 million in President Barack Obama’s fiscal year 2016 budget. Lawmakers have only provided $42 million to date.

“Congress has not provided a guaranteed, reliable revenue stream for implementation on commuter railroads,” the agency wrote.

The agency has used other tools to help commuter railroads, including $650 million in grant funds, $400 million of which came from the 2009 economic stimulus.

In May, FRA issued a $967 million loan to the New York Metropolitan Transportation Authority, the nation’s largest commuter rail agency, to install Positive Train Control on the Metro-North and Long Island Rail Road.

Melaniphy said that commuter railroads have spent $950 million to date on the system, but need nearly $3.5 billion to get the job done.

The National Transportation Safety Board has recommended the system since 1969, but Congress didn’t require it until the Rail Safety Improvement Act of 2008.

Twenty-five people were killed in August of that year when a Metrolink commuter train smashed head-on into a freight train near Chatsworth, Calif.

Positive Train Control could have automatically stopped the train before it ran past a red signal. Metrolink is one of the few commuter railroads that will meet the Dec. 31 deadline.

$25,000 Maximum fine, per incident per day, for missing Dec. 31 deadline

In other more recent fatal crashes, trains approached curves at two or three times the appropriate speed, and the system could automatically have slowed them down.

Four people died in December 2013 when a Metro-North commuter train jumped the tracks north of New York City. The train was traveling 82 mph at a curve restricted to 30 mph.

In May, an Amtrak Northeast Corridor train barreled into a 50 mph curve north of Philadelphia at 106 mph and derailed. Eight people were killed.

Amtrak will meet the Dec. 31 deadline for installing Positive Train Control along the Northeast Corridor, which it owns. On other routes, it will depend on freight railroads, some of which will be ready, while some won’t.

According to FRA, only freight hauler BNSF and two commuter railroads, Metrolink and the Southeastern Pennsylvania Transportation Authority, have submitted safety plans required under the 2008 federal law.

Federal Regulation (U.S.), Positive Train Control

Positive Train Control: FRA says nearly all of the nation’s railroads will fail to meet Dec. 31 deadline

Repost from FoxCT.com Hartford, CT
[Editor:  Read the Federal Railroad Administration report in its entirety.  Also, see the FRA press release.  – RS]

Metro-North slammed by Blumenthal for sitting on $1 billion

By Tony Terzi, August 12, 2015 6:28 PM
metro north train crash
Metro North train crash

NEW HAVEN – Sen. Richard Blumenthal (D-Connecticut) is steaming because Metro-North Railroad, loaned nearly $1 billion dollars of federal money to implement a train safety technology, is sitting on that money and will miss the Federal Railroad Administration’s year-end deadline to put it in place.

With 145 train accidents resulting in 300 deaths in recent decades, Blumenthal said Wednesday he doesn’t understand why Positive Train Control technology wasn’t in place long ago.

“We’ve known about this technology and there’s been calls to implement it since 1969, when a crash in Darien took four lives,” said Blumenthal, a member of the Senate Committee on Commerce, Science, and Transportation.

In a recent report, the FRA stated nearly all of the nation’s railroads will fail to meet the December 31 deadline.

“Tragically, our own Metro-North is failing to set a definite deadline for adopting it, which is unacceptable,” said Blumenthal.

Metro-North says the safety technology will be fully operational in 2018. All railroads not in compliance by the end of this year could be fined tens of thousands of dollars per day, until they adhere to the mandates.

A Metro-North spokesperson says “forcing fines on the MTA and other railroads, that have worked closely with the FRA to establish safe implementation timelines, distracts from our joint goal of installing PTC expeditiously.”

But, $1 billion dollars of federal money should get the wheels rolling much faster, according to passengers.

“What are they doing with the money?” asked Donielle Camerato of Branford. “Why are they waiting so long? There’s an awful lot of train accidents.”

In West Haven, in the spring of 2013, Robert Luden, of East Haven, who was a rail worker, was killed while working on the tracks.

“He would be alive today if this system had been in place because that train would’ve been stopped before it hit him,” said Blumenthal.

Shoreline East, Connecticut’s other commuter railroad, has an earlier version of Positive Train Control already in place on its tracks, which are operated by Amtrak.

To read the Federal Railroad Administration report in its entirety, click here.

 

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

Adirondack rail line marketed for long-term storage of obsolete oil tankers

Repost from the Times Union, Albany NY

Adirondack rail line marketed for long-term storage of obsolete oil tankers

Environmentalists see Adirondacks ”graveyard”

By Brian Nearing, August 7, 2015 Updated 6:33 am
Oil train cars in the Port of Albany on Wednesday April 22, 2015 in Albany, N.Y. (Michael P. Farrell/Times Union) Photo: Michael P. Farrell
Oil train cars in the Port of Albany on Wednesday April 22, 2015 in Albany, N.Y. (Michael P. Farrell/Times Union) Photo: Michael P. Farrell

TAHAWUS — To the dismay of environmental groups, a railway company potentially is going to store hundreds of emptied-out crude oil tankers on its rail line in the Adirondacks.

The Saratoga and North Creek Railroad initially planned to use its tracks to haul rock from a mine in the High Peaks, but that has not panned out. Now, the owners see a new source of cash from storage of aging oil tankers that don’t meet current Canadian and proposed new U.S. safety standards, and will await either retrofitting or scrapping.

Parent company Iowa Pacific Holdings has already begun to market its line for tanker storage, but questions remain over whether state permits will be required. On Thursday, spokesmen for both the state Department of Environmental Conservation and the Adirondack Park Agency said the situation was being “researched” and declined further comment.

Last month, Iowa Pacific Holdings President Ed Ellis told a panel of Warren County lawmakers that his company believes it needs no outside permission to begin storing the tankers along the Essex County portion of the line and was informing the county merely as a courtesy.

The 30-mile line, which runs from North Creek to near Tahawus in the High Peaks, is owned by Warren County in Warren and Saratoga counties, and leased by the railroad since 2010. The tracks in Essex County are owned by the railroad.

Ellis told county lawmakers that his company could store hundreds of tanker cars on a section of track in Essex County called the Sanford Lake line that runs along the Hudson and Boreas rivers.

He said the tankers would contain only oil residue and pose a “virtually non-existent” risk of explosion or fire. “We have been storing tanker cars on our line in Colorado for nine years without a problem,” Ellis said.

“This opens up a lot of profound questions,” said Roger Downs, conservation director of the Atlantic Chapter of the Sierra Club, which in 2012 had unsuccessfully opposed a federal ruling to reopen the line, which had been closed since 1989, to freight traffic.

“We would hope that the Adirondack Park Agency and local authorities have some local control. We are completely opposed to this plan,” said Downs. Some 13 miles of track run through the forever-wild state Forest Preserve.

Peter Bauer, executive director of the conservation group Protect the Adirondacks, said jurisdiction over potential mass tanker storage was complex. “And no one can say how long those tankers might be there,” he added. “It could potentially be a railroad graveyard.”

Bauer also said the rail line runs through newly acquired state land that once belonged to the Finch Pruyn paper company. “Was this kind of use what the governor had in mind when he supported that purchase?” Bauer asked.

A call to Ellis’ office for comment was not returned. Last week, he said new and proposed regulations could shelve much of an 80,000-car tanker fleet and require that the tankers be stored for years while they await either retrofitting to meet tougher standards or are scrapped.

Canada just required tank cars must have double hulls to reduce the risk of explosions and fires in derailments. U.S. rules were also recently announced.

In addition to its Adirondack line, Iowa Pacific Holdings is also offering other rail lines in California, Colorado, Illinois, Oregon and Texas for tanker storage, according to the company website.

In 2012, Iowa Pacific purchased the rail line from NL Industries, which had stopped mining at Tahawus in the 1980s. Since then, the company has spent millions to replace rails and ties, rehabilitate track sidings and add rock ballast.

Iowa Pacific is a privately held, Chicago-based operator of nine U.S. railroads, manages two rail lines in the United Kingdom and runs other rail-related businesses.

Ellis told county lawmakers that the tanker car storage revenue in the Adirondacks could eventually be worth “seven figures” a year to the railroad.

Carbon dioxide, Coal industry, Federal Regulation (U.S.), Natural gas, Oil Industry, Power plants

US carbon pollution from power plants hits 27-year low

Repost from the Associated Press
[Editor:  Significant quote: “A factor behind all these trends is that the writing is on the wall about the future of coal and thus the future of U.S. carbon dioxide emissions. The regulatory noose is tightening and companies are anticipating a future with lower and lower dependence on fossil fuels and lower and lower carbon dioxide emissions.”  (Princeton University professor Michael Oppenheimer)  For background data, see U.S. Energy Information Administration report on April emissions.  – RS]

US carbon pollution from power plants hits 27-year low

By Seth Borenstein, Aug. 5, 2015 5:00 PM EDT

WASHINGTON (AP) — Heat-trapping pollution from U.S. power plants hit a 27-year low in April, the Department of Energy announced Wednesday.

A big factor was the long-term shift from coal to cleaner and cheaper natural gas, said Energy Department economist Allen McFarland. Outside experts also credit more renewable fuel use and energy efficiency.

Carbon dioxide — from the burning of coal, oil and gas — is the chief greenhouse gas responsible for man-made global warming.

“While good news for the environment, we certainly would not want to assume that this trend will continue and that we can simply relax,” said John Reilly, co-director of MIT’s Joint Program on the Science and Policy of Global Change.

Electric power plants spewed 141 million tons of carbon dioxide in April, the lowest for any month since April 1988, according to Energy Department figures. The power plants are responsible for about one-third of the country’s heat-trapping emissions.

April emissions peaked at 192 million tons in 2008 and dropped by 26 percent in seven years.

Carbon pollution from power plants hit their peak in August 2007 with 273 million tons; summer emissions are higher because air conditioning requires more power.

In past years, experts said the U.S. reduction in carbon dioxide pollution was more a function of a sluggish economy, but McFarland said that’s no longer the case.

“You don’t have a 27-year low because of an economic blip,” McFarland said. “There are more things happening than that.”

The price of natural gas has dropped 39 percent in the past year, he said. Federal analysts predict that this year the amount of electricity from natural gas will increase 3 percent compared to last year while the power from coal will go down 10 percent.

Those reductions were calculated before this week’s announcements of new power plant rules. The new rules aim to cut carbon pollution from electricity generators another 20 percent from current levels by 2030.

The pollution cuts in April are because efficiency has cut electricity demand and energy from non-hydropower renewable sources has more than doubled, said Princeton University professor Michael Oppenheimer.

“A factor behind all these trends is that the writing is on the wall about the future of coal and thus the future of U.S. carbon dioxide emissions,” Oppenheimer said in an email. “The regulatory noose is tightening and companies are anticipating a future with lower and lower dependence on fossil fuels and lower and lower carbon dioxide emissions.”