Category Archives: Federal Regulation (U.S.)

Most Commuter Rails Won’t Meet Deadline For Mandated Safety Systems

Repost from National Public Radio

Most Commuter Rails Won’t Meet Deadline For Mandated Safety Systems

By David Schaper, June 03, 2015 3:48 AM ET
Despite Congress mandating all railroads be equipped with a Positive Train Control system by the end of the year, Chicago's Metra system isn't expected to reach that goal until 2019. Most commuter trains won't meet the deadline.
Despite Congress mandating all railroads be equipped with a Positive Train Control system by the end of the year, Chicago’s Metra system isn’t expected to reach that goal until 2019. Most commuter trains won’t meet the deadline. M. Spencer Green/AP

Many investigators say Positive Train Control (PTC), an automated safety system, could have prevented last month’s Amtrak train derailment. Amtrak officials have said they will have PTC installed throughout the northeast corridor by the end of this year, which is the deadline mandated by Congress.

But the vast majority of other commuter railroad systems, which provided nearly 500 million rides in 2014, won’t be able to fully implement positive train control for several more years.

On the southern edge of downtown Chicago, a few dozen commuter trains idle as they prepare to take thousands of people from their jobs downtown to their homes in city neighborhoods, and suburbs both near and far. Just behind the tracks is a nondescript, two-story brick building that houses the control center for all these rail lines, and the brains of what will be Metra’s positive train control system.

“Out of this building, we control the Metra electric district, the Rock Island,” Sal Cuevas, chief dispatcher of the control facility. “Over 300, 350, maybe 400 trains out of this facility that we control.”

That’s about half of the commuter trains Metra moves into and out of Chicago each day. Cuevas is tracking their movement, their speed and any potential problems or delays they might encounter, from bad weather to maintenance crews. It’s done in coordination with the 500 freight trains that move through Chicago every day.

Getting positive train control on line won’t make his job any easier, but Cuevas says it will make the movement of all those trains safer.

“Integrating that system with our current train control system will hopefully minimize incidents,” he says.

But that won’t be happening for some time.

Positive Train Control is a system that integrates computer, satellite and radio technologies to slow down or stop a train if the engineer becomes incapacitated or makes a mistake, such as missing a stop signal or going too fast around a curve.

Seven years ago, Congress mandated all freight and passenger railroads implement positive train control by the end of this year. But Metra’s executive director Don Orseno says Chicago’s commuter trains won’t make the deadline, and it won’t even be close.

“Our expectation for Metra to be fully operational is in 2019,” he says. “There’s a lot of reasons why its taking so long. Number one: it wasn’t invented.”

Orseno says railroads have had to develop PTC from scratch and it’s a very complicated system. Information about track conditions, speed limits, the movement of other trains and all kinds of other data has to be downloaded into computers in the railroads’ control centers and in the locomotives.

Those computers have to be able to communicate with every track signal and every other train. So there’s new signaling equipment to install, new radios, new computer hardware and new software to run it all, because these positive train control systems have to be fully inter-operable between all the railroads and all their equipment.

In Chicago, the nation’s busiest rail hub, that’s 1,300 and passenger trains a day.

“We operate the most complex system in the country, there’s no question about that,” Orseno says.

He adds that in mandating positive train control and imposing the December 2015 deadline, Congress provided almost no funding for it.

“The system comes at a very expensive cost,” he says. “We’re looking anywhere from about $350 million for this system, and you’re talking about commuter rail service. There’s not that kind of money out there.”

And it’s not just Chicago’s commuter rail agency that’s struggling to build, fund and implement positive train control. Most commuter trains across the country won’t have it by the end of this year.

“About 29 percent of our systems anticipate they’ll be able to make the goal this year, about seven systems in the country,” says Michael Melaniphy, president and CEO of the American Public Transportation Association.

Melaniphy says some commuter rail agencies will need another three to five years to complete PTC installations because of the scale and complexity of the systems and the resources needed.

“There are only so many people that are experts in this area,” he says. “They can only produce so many of the radio sets that are needed and the spectrum that’s needed to run those radios in a given time.”

Acquiring that radio spectrum for PTC has been especially difficult for commuter railroads.

“Many of the operators will be able to obtain in some segments but maybe not along the entire corridor,” Melaniphy says. “They have to figure out who owns the spectrum in a given corridor and negotiate with them to either sell it or lease it.”

Melaniphy is hoping Congress will allow the FCC to provide commuter railroads with the radio spectrum they need for free. He’s also asking Congress to pay at least some of the estimated $3.5 billion cost of PTC, and extend the deadline to give commuter and freight railroads more time to implement a safety system they all agree they want and need to implement.

House rejects effort to divert funding from new projects to railroad safety

Repost from NJ.com

House rejects N.J. Rep. Garrett’s effort to divert funding to railroad safety

By Jonathan D. Salant, NJ Advance Media for NJ.com The Star-Ledger, June 05, 2015 at 9:33 AM

WASHINGTON — The U.S. House on Thursday rejected an effort by Rep. Scott Garrett to use some money earmarked for new transit projects to improve safety on existing lines instead.

By a vote of 266-160, the House defeated Garrett’s attempt to amend the transportation spending bill and transfer $17 million to the Federal Railroad Administration’s safety account from the funds earmarked for new construction.

“You wouldn’t put an addition on your house if the roof was caving in,” said Garrett (R-5th Dist.). “So why are we prioritizing new transit projects before funding the safety of our existing lines?”

Garrett’s amendment was supposed by three other members of the state’s congressional delegation, Reps. Tom MacArthur (R-3rd Dist.), Leonard Lance (R-7th Dist.) and Rodney Frelinghuysen (R-11th Dist.). The other eight House members from New Jersey voted no.

“Just this year we have seen two oil train derailments and over a dozen Amtrak-related accidents, including the tragic crash in Philadelphia that claimed eight lives and injured dozens more,” Garrett said. “I am disappointed that the House ignored the call of our constituents by voting against this common-sense amendment.”

The transportation spending bill for the fiscal year beginning Oct. 1 cuts Amtrak funding by $251 million to $1.14 billion. President Obama sought $2.45 billion.

The measure passed the Republican-led House Appropriations Committee one day after the May 12 Amtrak derailment in Philadelphia that killed eight people and injured more than 200.

EPA Issues Final Guidance on Considering EJ During Rulemaking

Repost from Mailing List, EPA Environmental Justice

EPA Issues Final Guidance on Considering EJ During Rulemaking

June 2, 2015 1:28 PM

The U.S. Environmental Protection Agency (EPA) has issued final Guidance on Considering Environmental Justice During the Development of a Regulatory Action. This guidance was created to ensure understanding and foster consistency with efforts across EPA’s programs and regions to consider environmental justice and make a visible difference in America’s communities. The final guidance supersedes the agency’s Interim Guidance on Considering Environmental Justice During the Development of an Action, released in July 2010.

Key improvements from the interim guidance include:

  • Refined discussion of the factors that contribute to potential environmental justice concerns;
  • Refined direction on when and to what extent environmental justice needs to be considered in the rulemaking process;
  • Recommendations added for how to meaningfully engage minority, low-income, and indigenous populations and tribes;

A blog authored by Cynthia Giles and Jim Jones can be found at http://blog.epa.gov/blog/2015/06/integrating-environmental-justice-into-our-work/; a copy of the final guidance and the memo transmitting the guidance to the programs that write national rules can be found at: http://epa.gov/environmentaljustice/resources/policy/ej-rulemaking.html.

The guidance supports EPA implementation of Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (http://epa.gov/environmentaljustice/resources/policy/exec_order_12898.pdf). Rulemaking is a critical part of how we carry out our mission of protecting the environment and health of all Americans.

All questions can be directed to: lee.charles@epa.gov


If you are not already a member, the Office of Environmental Justice would like to invite you to join the EJ ListServ. The purpose of this information tool is to notify individuals about activities at EPA in the field of environmental justice. By subscribing to this list you will receive information on EPAs activities, programs, projects grants and about environmental justice activities at other agencies. Noteworthy news items, National meeting announcements, meeting summaries of NEJAC meetings, and new publication notices will also be distributed. Postings can only be made by the Office of Environmental Justice. To request an item to be posted, send your information to environmental-justice@epa.gov and indicate in the subject “Post to EPA-EJ ListServ”

With fracking boom and oil trains, big cities fear explosive safety risks

Repost from The Blade, Toledo, Ohio
[Editor:  Significant quote by Josh Mogerman, spokesman for the Natural Resources Defense Council’s Great Lakes regional office in Chicago: “Welcome to the Bomb Train Capital of America…. Of all the suite of issues I work on for the NRDC, this is the scariest…. These are moving targets going through very, very densely populated areas.

RISKY CARGO ON MIDWEST OIL TRAINS

Amid fracking boom, cities fear explosive safety risk it can carry

BY TOM HENRY , BLADE STAFF WRITER, June 1, 2015

CHICAGO — While the global fracking boom has stabilized North America’s energy prices, Chicago — America’s third largest city and the busiest crossroads of the nation’s railroad network — has become ground zero for the debate over heavy crude moved by oil trains.

With the Windy City experiencing a 4,000 percent increase in oil-train traffic since 2008, Chicago and its many densely populated suburbs have become a focal point as Congress considers a number of safety reforms this year.

Many oil trains are 100 or more cars long, carrying hydraulically fracked crude and its highly explosive, associated vapors from the Bakken region of Montana, North Dakota, Saskatchewan, and Manitoba.

A majority of those trains also cross northwest Ohio on their way to refineries and barge terminals along the East Coast.

Derailments can lead to massive explosions, such as the one on July 6, 2013, when a runaway train derailed in Lac-Megantic, Que., just across the U.S.-Canada border from Maine. The resulting explosions and fire killed 47 people and leveled the town’s business district.

“For me to assure my community there’s no risk, I would be lying,” Aurora, Ill., Mayor Tom Weisner told reporters on the Halsted Station’s elevated platform near downtown Chicago last week. The discussion was arranged by the Institutes for Journalism & Natural Resources, a group that promotes better environmental reporting.

Authorities are concerned a rail accident would be catastrophic, as trains are carrying more heavy crude since fracking became popular.
Authorities are concerned a rail accident would be catastrophic, as trains are carrying more heavy crude since fracking became popular. THE BLADE/BRIAN BUCKEY

“A derailment in or around our downtown would be absolutely disastrous,” he said.

One of Chicago’s distant western suburbs, Aurora, with 200,000 people, is the second-largest city in Illinois. Though it has fewer than one resident for every 10 in Chicago (population: 2.7 million), Aurora is somewhat smaller than Toledo, which has 281,000 residents.

Mr. Weisner, whose mayoral office overlooks tracks where many of the oil trains pass going toward Chicago, shrugged when asked about emergency planning.

“That always helps, of course. But you could have a major catastrophe before they could arrive on the scene, and that’s the truth,” Mr. Weisner said, noting the Lac-Megantic explosion on at least three occasions.

Closer to home, he said, are memories of a train explosion on June 19, 2009, in Cherry Valley, Ill., just outside Rockford.

Although that derailment involved a train carrying flammable ethanol — not an oil train — its fire killed a motorist stopped at a railroad crossing, injured seven people in cars plus two firefighters, and forced the evacuation of 600 homes.

Aurora, Ill., Mayor Tom Weisner fears what would happen if an oil train derails and explodes in an urban area.
Aurora, Ill., Mayor Tom Weisner fears what would happen if an oil train derails and explodes in an urban area. THE BLADE/TOM HENRY

On March 5, 21 cars of a 105-car BNSF Railway train hauling oil from the Bakken region of North Dakota derailed in a heavily wooded, rural area outside Galena, Ill.

The train erupted into a massive fireball 3 miles from a town of 3,000 people in the northwest corner of Illinois, near the Iowa and Wisconsin borders.

No deaths were reported from that incident and, like several other derailments that have resulted in explosions and fires in recent years, it occurred in a rural area.

Mr. Weisner and others fear it is a matter of time before a much higher-profile incident occurs in Chicago or some other big city where the death toll could be significant.

Shortly after he finished, an oil train moved past Halsted Station, whose tracks are flanked by high-rise apartment buildings.

Oil trains move throughout the Great Lakes region after getting filled with Bakken crude, often ending up on the East Coast.

Chicago and the rest of the Great Lakes region is “the heart of the country,” Mr. Weisner said.

“We’re always going to be at one of the highest levels of exposure,” the Aurora mayor said. “There’s no doubt about it.

This July 7, 2013, photo shows fire fighters watering smoldering rubble in Lac Megantic, Que., after a runaway train derailed causing explosions that killed 47 people and leveled the town’s business district.
This July 7, 2013, photo shows fire fighters watering smoldering rubble in Lac Megantic, Que., after a runaway train derailed causing explosions that killed 47 people and leveled the town’s business district. ASSOCIATED PRESS

Environmental activists such as Josh Mogerman, spokesman for the Natural Resources Defense Council’s Great Lakes regional office in Chicago, put the risk in more graphic terms.

“Welcome to the Bomb Train Capital of America,” he told reporters outside a coffee shop at West Maxwell and Halsted streets, three blocks north of the train station where Mr. Weisner would speak moments later.

“Of all the suite of issues I work on for the NRDC, this is the scariest,” Mr. Mogerman said. “These are moving targets going through very, very densely populated areas.”

Tony Phillips is an artist who lives in a condominium adjacent to Chicago’s Halsted Station.

He said he can hear “the rip of noise” and feel his building shudder as oil trains come by, often in the wee hours of the morning. He said he feels a “slosh effect” in the flooring from the oscillating weight of crude if he gets up in the middle of the night.

“That’s a little spooky,” Mr. Phillips said.

He and others want reforms, tighter rules, and more robust train cars, if nothing else. Some efforts are being made through tighter regulations, but critics claim they’re either not enough or being phased in too slowly.

Fracking boom

Tony Phillips points to the condo in Chicago where he lives on the other side of the tracks at the Halsted Station, where oil trains pass by.
Tony Phillips points to the condo in Chicago where he lives on the other side of the tracks at the Halsted Station, where oil trains pass by. THE BLADE/TOM HENRY

Lora Chamberlain, spokesman for Frack Free Illinois and a new coalition called Chicagoland Oil By Rail, said vapor removal should be on the list of priorities to help mitigate the risk.

In a May 7, 2014, order, the U.S. Department of Transportation called for state emergency responders to receive more information about railroad routes handling 1 million gallons or more of Bakken crude oil per week because the number and type of railroad accidents “is startling.”

In 2013, America moved 8.3 billion barrels (348.6 billion gallons) of crude oil via pipeline — nearly 29 times the 291 million barrels (12.2 billion gallons) moved by rail, according to data from the Association of Oil Pipelines and the Association of American Railroads.

Safety experts see North America at a turning point because of the oil and gas industry’s rapid increase in hydraulic fracturing of shale bedrock, a process commonly known as “fracking” that the U.S. Energy Information Administration predicts will remain strong for at least the next 30 years.

Fracking has occurred commercially since the 1950s. The game-changer occurred less than a decade ago, when a technique developed to combine horizontal drilling with fracking made it economical to go after vast reserves of previously trapped oil and natural gas worldwide — including in eastern Ohio and western Pennsylvania, where the Utica and Marcellus shale regions meet.

Rail traffic

Railroads moved 493,126 tank-car loads of oil in 2014, a nearly 5,200 percent increase over the 9,500 tank cars that hauled oil before the fracking boom began to hit its stride in many parts of North America in 2008, according to the U.S. Department of State. Before the fracking boom, rail shipment of crude was rare and generally confined to a few isolated corridors where pipelines hadn’t been built.

Overall domestic crude production has risen 70 percent during that same period. U.S. Energy Information Administration figures show domestic oil produced at a rate of 8.5 million barrels a day in 2014, up from 5 million barrels a day in 2008.

Mogerman
Mogerman | THE BLADE/ BRIAN BUCKEY

This year, crude is expected to be produced at a rate of 9 million barrels a day, just shy of its peak rate of 9.6 million barrels a day in 1970, according to the Energy Information Administration.

“While pipelines transport the majority of oil and gas in the United States, recent development of crude oil in parts of the country under-served by pipeline has led shippers to use other modes, with rail seeing the largest percentage increase,” a Government Accountability Office report said. “Although pipeline operators and railroads have generally good safety records, the increased transportation of these flammable hazardous materials creates the potential for serious accidents.”

The agency cited a need for better U.S. Department of Transportation rules on flammability of products shipped by rail and a greater emphasis on emergency preparedness, “especially in rural areas where there might be fewer resources to respond to a serious incident.”

In its 2015 forecast, the Association of American Railroads contends railroads “are making Herculean efforts” to improve “an already safe nationwide rail network” now crisscrossing some 140,000 miles of the country.

The trade association said freight railroads plan to spend a record $29 billion in 2015 — a staggering $3 million an hour or about $79 million a day — to rebuild, maintain, and expand America’s rail network. Much of the money will go toward new equipment and locomotives, new track and bridges, higher tunnels, and newer technology.

Freight railroads are expected to hire 15,000 more people this year, continuing its upward hiring trend for an industry that employs 180,000 people, the association said.

While considering safety reforms, Congress must ensure that “any changes to public policy still allow railroads to continue private infrastructure spending and other network investments needed to meet customer demand,​” the industry group said.