Category Archives: Federal Regulation (U.S.)

Crude By Rail, Derailment, Federal Regulation (U.S.), Rail Safety, Train braking systems

At time of oil train wrecks and record auto recalls, GOP bill would roll back safety rules

Repost from Fox Business

At time of oil train wrecks and record auto recalls, GOP bill would roll back safety rules

By Joan_Lowy & Tom Krisher, July 16, 2015, Associated Press
Amtrak wreck in Philadelphia
FILE – In this May 12, 2105 file photo, emergency personnel work the scene of a deadly train wreck in Philadelphia. An Amtrak train headed to New York City derailed and tipped in Philadelphia. Despite several years of horrific oil train wrecks and record car and truck recalls, congressional Republicans have decided that the auto and railroad industries suffer from too much safety regulation, not too little. (AP Photo/ Joseph Kaczmarek, File) (The Associated Press)

WASHINGTON –  At a time of record auto recalls and high-profile train wrecks, Republicans are working on legislation to roll back safety regulation of the auto and railroad industries.

A bill approved this week on a party-line vote by a Senate committee brims with industry-sought provisions that would block, delay or roll back safety rules. The measure is to be part of a must-pass transportation bill that GOP leaders hope to put to a vote in the Senate as early as next week.

They are under pressure to act quickly because authority for transportation programs expires on July 31. Without a cash infusion, the government will have to delay highway and transit aid to states.

One provision would block a new Department of Transportation rule requiring that trains hauling crude oil are equipped with electronically controlled brakes that affect cars all at the same time, rather than sequentially. The bill calls for a study of the technology and puts off any regulatory mandate, which could delay implementation for years.

The brake rule was prompted by a series of train wrecks in which cars of crude oil and ethanol exploded, igniting fires that burned for days. Freight railroads oppose the rule, which could cost them billions of dollars.

Another provision would give freight and commuter railroads and Amtrak more time to install a safety system called positive train control. The technology relies on GPS, wireless radio and computers to monitor train position and slow or stop trains in danger of derailing because they’re traveling too fast, are about to collide with another train or are about to enter an area where crews are working on tracks.

A 2008 law requires railroads to have the technology installed and operating by the end of this year. Most are not expected to make that deadline.

The National Transportation Safety Board says that if the technology been in operation, it could have prevented an Amtrak derailment in May that killed eight people and injured about 200 others in Philadelphia, and a derailment that killed four passengers and injured 64 others in New York City in December 2013, as well as other fatal accidents.

Railroads say they have spent billions of dollars on the technology but have been hampered by technical and financial difficulties and need more time.

The bill would effectively allow states to lower the qualifying age for interstate commercial truck drivers from 21 to 18. The provision was sought by the trucking industry, which says there is a shortage of drivers.

Another provision sought by the industry would require the Federal Motor Carrier Safety Administration to remove safety ratings of truck and bus companies from its public website. The companies disagree with the methodology the agency uses for the ratings.

The bill would impose requirements on the motor carrier agency that safety advocates say could stymie new safety regulations by making an already lengthy rulemaking process even more difficult.

Following record auto recalls last year totaling almost 64 million vehicles, the National Highway Traffic Safety Administration asked that its staff be increased and the limit on fines levied on offending automakers be raised to $300 million, from the current $35 million.

The Senate Commerce, Science and Transportation Committee agreed to increase the agency’s budget and double the maximum fine to $70 million, but only after it satisfies 17 recommendations made by the Transportation Department’s inspector general and comes out with regulations identifying all the factors that go into calculating fines. That could effectively delay action on both matters by a year or more.

The chairman, Sen. John Thune, R-S.D., and other Republicans on the committee said the changes were necessary reforms to federal agencies that have overstepped their bounds or have issued regulations that unfairly penalize industry without improving safety. Thune noted the bill contains several provisions sought by Democrats and safety advocates.

One of the biggest would prevent rental car agencies from renting vehicles that are under a safety recall, but have not been repaired. Initially, the bill had said rental car agencies could rent unrepaired cars if they first informed customers.

That was not enough to sweeten the bill for safety advocates.

The GOP bill is “loaded down with giveaways to special interests that will set back safety for years to come,” said Jackie Gillan, president of Advocates for Highway and Auto Safety. “The influence of corporate lobbyists had more sway than commonsense and cost-effective solutions to deadly problems.”

Blast zone, Bomb Trains, Common Carrier Obligation, Crude By Rail, Derailment, DOT-111, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), Lac-Mégantic, Stop Oil Trains Week of Action #StopOilTrains

The Bomb Train Next Door: Part II

Repost from Nyack News & Views
[Editor:  An excellent guide for those living in or near a bomb train blast zone.  See also The Bomb Train Next Door, Part I, with helpful bullet-points summarizing five primary crude-by-rail issues.  – RS]

The Bomb Train Next Door: Part II

By Susan Hellauer, July 6, 2015

Just before last week’s Independence Day holiday weekend, more than 5,000 residents living near Maryville, TN were evacuated after a CSX tanker car derailed and caught fire on July 2. The tanker car was carrying Acrylonitrile, a highly flammable and toxic gas which can cause membrane irritation, headaches, nausea and kidney irritation if inhaled in high concentrations. Ten officers and 30 first responders were hospitalized with inhalation injuries following the incident, where authorities established a two mile evacuation zone near the derailment site.

The July 2013 explosion of a Bakken crude train at Lac-Megantic, Quebec that resulted in 47 fatalities got the immediate attention of first responders, lawmakers and local officials wherever freight lines carry crude oil “bomb trains.” Environmental watchdog groups have publicized the danger of crude by rail and have also taken legal action in an attempt to halt or change practices they deem unsafe.

Want to make your own voice heard?

If you are concerned about the hazards of crude by rail in Rockland County, let your village, town and county officials know how you feel. Write or call your representatives in Albany and Washington. Write a letter to the editor.

You can also stay in touch with groups like the Sierra Club, Riverkeeper, Scenic Hudson and Forest Ethics. You can subscribe to the DOT-111 reader, a private website that tracks media reports about accidents and regulation changes involving rail tanker cars.

The people at the FRA, the NTSB and PHMSA are tasked with protecting us all from transport and materials hazards. Visit their websites, write or call them. They work for you.

Just say no?

Local officials are limited in what they can do to stop hazardous cargo like crude oil from being transported through their communities. There is a Common Carrier Obligation of railroads to transport hazardous materials. As long as those materials comply with government standards, railroads can’t pick and choose what to carry or where to carry it. Federal law stands between local governments and the rail operators in the interest of interstate commerce.

Federal agencies

In addition to issuing  and enforcing safety regulations, the U.S. Department of Transportation’s Federal Railroad Administration (FRA) does research on behalf of the railroad industry. In May 2015 it issued new guidelines for the gradual replacement of the outdated DOT-111 tanker car and set mandatory speed limits for oil tanker trains. Oil companies are threatening legal action against these new rules.

Another USDOT agency, The National Transportation Safety Board (NTSB), has an interest in freight train safety. The NTSB analyzes mishaps, finds transportation hazards and recommends solutions. Rail tanker safety is high on its list of “most wanted” improvements, and it’s pushing for more immediate remedies than the FRA has specified. The USDOT Pipeline and Hazardous Materials Administration(PHMSA) is also actively monitoring oil train safety, with a mission to “protect people and the environment from the risks of hazardous materials transportation.” It tracks HAZMAT accidents and recommends regulatory changes.

New York State

Oil train traffic in New York State has increased dramatically in the last three years, during which time oil and freight rail companies have spent almost $1 million lobbying in Albany. Meanwhile, NYS Governor Andrew Cuomo has ordered and carried out several inspections of freight rail infrastructure throughout the state and has uncovered numerous hazards. CSX has responded to reports from these inspections with assurances that all will be addressed.

Protect yourself and your family

Know where you are in relation to hazardous freight trains. Study the CSX System Map to know where oil trains run, especially in relation to your home, your kids’ schools, where you work, shop and play. You can also use the Blast Zone Interactive Map from ForestEthics. Trains have derailed, exploded and burned at low speeds and high speeds, in remote areas, and in the middle of a town. There is no discernible pattern to these accidents, according to PHMSA, so don’t assume it won’t happen near you.

ForestEthicsRocklandTrainMap

Sign up your landline or cellphone number for emergency notification through NY-Alert. If you are already signed up, check your information to make sure it is up to date.

In the event of a spill, explosion or fire, officials will use reverse 911 and NY Alerts to let you know whether to evacuate, how far to go, where to shelter, and when you can return. Disabled and senior citizens who might need help in an emergency should register with the Rockland County Access and Functional Needs Registry and with local police, so that first responders are aware.

Clarkstown residents can sign up for the town alert system, Ready Clarkstown, on the town of Clarkstown website.

Congress

Senator Charles Schumer (D-N.Y.) responded quickly to the USDOT’s May 2015 oil train safety plan. He proposed federal legislation to shorten the upgrade schedule and to impose even stricter speed limits on oil trains. In a May 4 press release, Schumer stated that “allowing these outdated oil cars to continue rolling through our communities for another eight years is a reckless gamble we can’t afford to make.”

At a May 6 press conference in West Nyack, Congresswoman Nita Lowey (D-NY representing Rockland County) proposed legislation that would ban interstate shipment of high-volatility crude oil via rail. Citing her many constituents who live near freight lines, she said that her “proposal would immediately ban interstate shipment of the most volatile forms of crude oil so that we can prevent the next tragic crude oil event.” Shipping of Bakken crude that has been processed to reduce its volatility before shipment would still be permitted.

In April, the Rockland County Legislature passed a resolution urging the USDOT to immediately enact rules to reduce the volatility of Bakken crude oil traveling by rail through Rockland County in support of the 2015 “Crude by Rail Safety Act” (H.R. 1804/S. 859).

First Responders

In December 2013, a car carrier and a 99-car oil tanker train collided at the Pineview crossing in West Nyack only 100 feet from the Lake DeForest water main that serves lower Rockland and Bergen County. The incident got the attention of Rockland County Sheriff Louis Falco near whose home the accident occurred. Because the tankers were empty damage was limited, but it served as a wakeup call for the Sheriff’s Department and Rockland Fire and EMS to get real-time hazardous cargo information from CSX to Rockland’s first responders.

CSX and other freight haulers of hazardous materials cite commercial interests and terror concerns for their reluctance to disclose the exact location and contents of trains. Falco says CSX now has a phone app for first responders that provides near-real-time information in the event of disaster.  The issue of transparency and oil trains, however, is far from solved: rail freight companies in several states are being pressed to provide more real-time information, and they are fighting back with lawsuits.

The Rockland County Sheriff’s Department is now also monitoring oil train speed with radar guns. Falco says trains have been staying under the 50 mph limit, but immediate improvements to Rockland’s grade crossings are still needed.

Along with the Sheriff’s Department and the Town Police Departments on the River Line, evacuation and response plans are being developed by the Rockland County Department of Fire and Emergency Services. They run training sessions and drills to keep volunteer first responders prepared in the case of an incident, and also work with CSX on training, communication and response. CSX also positions supplies of fire-suppression foam along the River Line for use in a HAZMAT incident.

CSX will participate in a full scale derailment drill for Police, Fire and EMS in Orangetown that is planned for July 23.

If it happens…

If you are within a half mile of the incident, get yourself and your family away quickly. If in doubt, don’t wait for a call: just go.

The USDOT recommends one-half mile as a safe zone, but you may receive an alert advising otherwise.

Leaving the area quickly also allows emergency responders the time and space to stage and work.

“Time and distance are your friends,” says  Rockland Fire and Emergency Deputy Director Dan Greeley.

Environmental groups

The Hudson Valley Sierra Club, Riverkeeper and Scenic Hudson (among others) have been active and vocal in publicizing the oil train hazard in the Hudson Valley, as well as the dangers of light and heavy crude transport on the Hudson River. These groups are also monitoring a proposed crude oil pipeline (the Pilgrim Pipeline) along the New York State Thruway right of way.

A consortium of environmental groups is sponsoring a Stop Oil Trains Week of Action beginning July 6 (the anniversary of the Lac-Megantic disaster). Demonstrations and other events are planned in areas where oil is shipped by rail, to raise awareness and put pressure on government officials and agencies.

Susan Hellauer is a Bronx native and Nyack resident. She has been a volunteer with Nyack Community Ambulance Corps since 2001, and now serves as board member and Corps secretary. She teaches music and writing at Queens College and is a member of the vocal ensemble Anonymous 4.

See also:

Clean energy, Clean energy Jobs, Federal Regulation (U.S.), Solar energy

Obama announces initiatives to make solar more accessible for wider range of Americans

Repost from CNBC.com
[Editor:  See also good coverage in Mother Jones.  – RS]

New plan will fund solar energy for low-income Americans

By Robert Ferris, 7 Jul 2015 | 2:15 PM ET

The Obama administration is starting a new program designed to spread solar power and solar industry jobs to a wider range of Americans, including renters and low-income communities, according to a White House announcement Tuesday.

Solar energy roof panels
Solar energy roof panels. Tim Boyle | Bloomberg | Getty Images

The program includes a commitment to install 300 megawatts of new solar panels on federally subsidized housing by 2020, and to offer loans and “toolkits” that will make it easier for low-income Americans to draw their energy from solar power and improve energy efficiency in their homes.

Officials on a conference call with reporters Tuesday did not provide an estimate of the program’s cost.

To put 300 MW of solar energy in perspective, the Solar Energy Industries Association estimates that 1 MW of energy can power about 164 homes. Actual results can vary depending on how much sunshine a region receives and how much energy homes use, and other factors.

The White House said that state and local governments, NGOs and companies have promised $520 million to increase solar power use and energy efficiency programs around the country, and that housing authorities and utilities will start 260 solar power projects across 20 states.

The president wants to create 75,000 solar industry jobs by 2020 as well, and plans to use AmeriCorps funding to train workers for solar jobs, according to the White house announcement.

Solar power continues to be an attractive renewable energy sector for consumers. Prices of solar panels and other equipment remain low, and some expect that to continue.

Customers who can draw at least part of their energy from solar power can potentially save a lot of money on power bills, but first they need the roof space and the money to install solar panels.

For that reason, homeowners are among the biggest customers of solar power—they have the roof space for the panels, and, because they own their homes, the authority to install them. Renters, on the other hand, have to seek permission from landlords—who may not grant it—and apartment dwellers have the added complication of living in multiunit buildings.

Many lower-income Americans are renters who live in apartments or subsidized housing.

Some companies already offer financing for solar power systems, and some communities allow customers to draw their energy from wind or solar farms that may be located far away from end users. But electricity costs remain a burden for many low-income customers, said U.S. Rep. Elijah Cummings, D-Md., on Tuesday’s conference call.

“We all know that underserved communities struggle to pay their bills—I lived in an underserved community so I’m very familiar,” Cummings said. “But I cannot tell you the number of calls I get in my office from constituents who have to make choices about which bills they will pay each month, and those choices could mean having their electricity cut off.”

President Obama and Brazilian President Dilma Rousseff jointly pledged last week to increase renewable energy use (excluding hydropower) to 20 percent of the total energy mix for both countries by 2030.

“Achieving that goal of renewable deployment across our electricity grid means we basically have to triple where we are, starting today,” said Brian Deese, senior advisor to Obama, on Tuesday’s press call.

Bakken Crude, Crude By Rail, Derailment, Explosion, Federal Regulation (U.S.), Lac-Mégantic, State regulation, Take Action

Albany NY: Rally on Lac Megantic disaster anniversary

Repost from the Albany Times Union

Rally on Lac Megantic disaster anniversary in Albany

By Eric Anderson, July 6, 2015
Oil train opponents rally in front of the Governor's Mansion in Albany Monday.
Oil train opponents rally in front of the Governor’s Mansion in Albany Monday.

Between 80 and 100 people, many affiliated with People of Albany United for Safe Energy, rallied in front of the Governor’s Mansion on Eagle Street in Albany at noon Monday, calling on Gov. Andrew Cuomo to ban oil train traffic in the state.

The rally also marked the second anniversary of the Lac Megantic oil train derailment and explosion that killed 47 people and destroyed the center of the small Quebec town.

That train’s destination was the Irving Oil Co. refinery in St. John, New Brunswick, where it was to unload its cargo of fracked crude from the Bakken oil field in North Dakota.

The Port of Albany has become a major transshipment point for Bakken crude to refineries up and down the East Coast, with at least some of that oil also destined for the Irving Oil refinery.

Several speakers at Monday’s event called for a shift to renewable energy sources from fossil fuels.

“We have to transition our economy completely off fossil fuels,” said one speaker, Neely Kelley, lead organizer of Mothers Out Front, which seeks to raise awareness about the dangers of climate change.

“Governor Cuomo, you have a moral imperative to take the climate seriously,” said Peter Iwanowicz, executive director of Environmental Advocates of New York.

PAUSE has sought to have oil trains, some of which are parked next to the backyards of residents of Ezra Prentice apartments in Albany, prohibited. State officials have said they haven’t the power to regulate railroads, that it’s a federal responsibility.

But activists have said that state officials could declare the oil trains an “imminent hazard” and ban them.

Whether Gov. Cuomo heard the protesters’ message Monday wasn’t clear. The governor was in New York City.