Category Archives: Federal Regulation (U.S.)

Oil industry sues U.S. over train safety rules

Repost from The Fresno Bee

Oil industry sues government over train safety rules

By Curtis Tate, McClatchy Washington Bureau, May 12, 2015

The oil industry went to court Monday over the Obama administration’s new oil train safety rules, challenging the timeline for refitting tens of thousands of tank cars and the requirement for enhanced braking systems on the cars.

In its petition for review, filed Monday in the U.S. Court of Appeals for the District of Columbia Circuit, the American Petroleum Institute called the provisions, unveiled May 1 by the U.S. Department of Transportation, “arbitrary, capricious, (and) an abuse of discretion.”

The industry group asked the court to set aside the provisions. It did not challenge the department’s new standard for newly constructed tank cars carrying crude oil, ethanol and other flammable liquids.

The lawsuit names Transportation Secretary Anthony Foxx, Attorney General Loretta Lynch and Tim Butters, acting chief of the Pipeline and Hazardous Materials Safety Administration, the agency tasked with enforcing the rules.

In public statements and filings, the oil industry hinted that it would take legal action against the department’s new rules. It had said that the department’s proposed timeline for retrofitting the large fleet of DOT-111 tank cars wasn’t realistic. It also said that the benefits of installing electronic brakes on the tank cars didn’t justify the cost.

The rail industry’s principal trade group, the Association of American Railroads, also opposed the braking requirement, though it was more supportive of the retrofit timeline.

When asked about a potential legal challenge to its rules, Foxx said he expected that the courts would uphold the department’s power to regulate rail transportation.

“We believe strongly that our rule will stand up,” Foxx said on May 1.

This post has been updated to correct the federal court the suit was filed in.

Major oil train risk: bridge infrastructure – who will be the next Quebec?

Repost from FOX6Now, Milwaukee WI

“This needs to be fixed:” FOX6 finds a new “risk on the rails,” could Milwaukee be the next Quebec?

By Brad Hicks, May 12, 2015, 10:00pm


MILWAUKEE (WITI) — Last year, the FOX6 Investigators were the first to expose a new risk on the rails — a steady stream of long oil trains trekking across the state from North Dakota. The crude oil they carry from what’s called “The Bakken” is highly explosive. Since then, there has been growing public concern about these so-called “bomb trains” in Wisconsin. Now, there’s a new concern, in a neighborhood in Milwaukee.

When the mile-long oil trains lumber by Milwaukee’s Fifth Ward lofts, the cars come roller-coaster close to a renovated building. A sliver of light between brick and steel.

Fifth Ward railroad

From his fifth floor window, Brian Chiu has a front row seat.

“It’s so loud,” Chiu said.

But it’s not the noise that concerns him. The fear is five floors down.

Fracking technology has opened an oil spigot in North Dakota.

“It’s increased the amount of traffic on the railroads exponentially,” Wisconsin Railroad Commissioner Jeff Plale said.

The railroad traffic has increased by several thousand percent.

Bakken crude oil has a very high vapor pressure, meaning it can easily explode. And the tank cars carrying it?

“(They) were not designed to haul crude. A lot of them were designed to haul corn syrup,” Plale said.

When these trains have derailed, the cracker-thin tank cars have ruptured, with disastrous results. By far the worst incident occurred in Lac Megantic, Quebec. Forty-seven people were killed in the fireball.

Quebec train derailment

Three times this year, trains carrying crude have derailed in the United States. Last week in North Dakota, the sky turned gray with smoke.

In March, a train derailed across the border in Galena, Illinois. The wreckage burned for four days.

A week before that, a train derailed in West Virginia. Hundreds had to evacuate.

The train that derailed in North Dakota was headed toward Wisconsin. Two trains before that had just been here.

“We’re kind of at the epicenter of where this stuff is coming,” Plale said.

That brings us back to Brian Chiu and his Fifth Ward home — and those oil trains just feet from the Fifth Ward lofts, going over the S. 1st Street bridge.

FOX6 first photographed the concern in February — but it wasn’t until the snow and ice melted that we saw the full extent. “I beams” that support the bridge have rusted away at the base to wafer-thin strips of steel. In some spots, entire sections are just gone.

hicks5

Chris Raebel, an engineer at Milwaukee School of Engineering (MSOE) agreed to take a look at what the FOX6 Investigators found.

“My focus is on steel design — just like the bridge,” Raebel said.

Unlike most railroad bridges, which have elevated foundations, the piers on this century-old span reach right to the road — where every winter, salt eats away at the steel.

“That’s hit the base of the bridge and that`s corroding the metal,” Raebel said.

hicks6

In the past, some of the rusted piers supporting the bridge have been reinforced, but several columns have been corroded right through.

“At some point this needs to be fixed. This is not acceptable,” Raebel said.

FOX6 News received similar comments from other structural and civil engineers who saw the photos, but they didn’t want to be identified because they may do business with the railroads. They said things like:

“The level of rust and deterioration is a serious structural problem. They should be contacted immediately.”

And: “I would definitely report these conditions to the owner of this bridge without further delay.”

Canadian Pacific Railroad should already be aware. Canadian Pacific owns the bridge and is required to inspect it each year. In a written reply to a FOX6 request for those records, the company said it “meets or exceeds all federal requirements,” and that the bridge was last inspected in the winter. Canadian Pacific wouldn’t tell us exactly when that was — and whether there was snow on the ground. Canadian Pacific refused to show FOX6 News any of the inspection reports.

FOX6 asked them again earlier this months at a Common Council meeting in Milwaukee.

“We`ve given you a statement on that and we won`t have anything to add,” a Canadian Pacific representative said.

Canadian Pacific had been invited to Milwaukee to answer questions about the oil trains. Canadian Pacific’s brash brush off didn’t sit well with some Common Council members.

“You don`t give that image to the community that your facilities are safe. You don`t give us that confidence,” Milwaukee Alderman Terry Witkowski said.

Ken Wood knows what these inspections entail.

“I’m a structural engineer. My main focus is bridges. I`ve been working with bridges for 20 years — bridge design, bridge inspection, bridge rehabilitation,” Wood said. “You`re going to be looking for fatigue cracks, and the other thing you`d look for is corrosion, certainly, on a bridge — because corrosion is basically taking away the cross section.”

hicks8

If you look at the base of the “I beams” on the bridge in the Fifth Ward, you’ll see layers and layers of flaking — in some places, more than an inch thick. That doesn’t happen quickly.

“It`s been some time, that`s for sure,” Wood said. “What happens during corrosion is the steel expands, sometimes seven to eight times what it is, so you can see that actually happening in the base here,” Wood said.

FOX6’s Brad Hicks: “How do you even inspect this with that much flaking on there without removing the flaking?”

“They would have to remove flaking to see what`s underneath and take some measurements with calipers to find out how much area they perceive is left,” Raebel said.

So that’s what the FOX6 Investigators did.

The beam is nine-tenths of an inch thick, but at the base, only four-tenths of an inch is left. The column is just over an inch thick. Corrosion has eaten it down to less than half that.

FOX6’s Brad Hicks: “The kind of thinning we`re seeing here, does that impact the load capacity of a bridge like this?”

“Yes,” Raebel said. “They have a certain amount of steel they need to resist the load from above.”

And that load is greater than ever.

Engines alone weigh three times what they did when the bridge was built in 1914. And a one-mile train weighs more than 25 million pounds.

“Now a two-mile long train is relatively common,” Plale said.

And with trains like that moving over the bridge daily — metal fatigue adds up.

“Is the bridge really built, with all that rust and all that corrosion, to support that kind of weight?” Chiu wonders.

Officials in the state of Wisconsin had the same question. In 2006, a study was commissioned on the impact heavier trains have on state-owned railroad bridges. That study concluded “many within the railroad industry are concerned that the aging bridge infrastructure will no longer be able to withstand the increased loadings.”

One bridge engineer who examined FOX6’s pictures said the problem may not be that bad, because in theory, you could cut a vertical pier in two horizontally, and it would still hold up the bridge. But that’s assuming you still have inch-thick “I beams” — not corroded columns.

The concern here isn’t that the bridge will completely collapse — but that if a column gives way and the load shifts and the train tips — with the Fifth Ward lofts just feet away, could Milwaukee become another Quebec?

“I would encourage the owner of the bridge to seriously look at this and consider repairs. And it seems like it should be done soon,” Raebel said.

To their credit, the railroads, including Canadian Pacific, have been at the forefront — pushing the federal government for stricter tank car standards. The railroads don’t actually own the tank cars — the oil companies and third-party leasers do.

Eleven days ago, the federal government announced new cars need to be thicker, and the old ones need to be retrofitted within five years.

The federal government is the only entity that can demand the railroad turn over its inspection reports on the bridge. For two months, FOX6 News repeatedly asked the Federal Railroad Administration if it has any of Canadian Pacific’s inspection audits for the S. 1st Street bridge. The agency hasn’t responded.

Local municipalities like Milwaukee are pretty powerless when it comes to regulating the railroads.

On Tuesday, May 12th, the Milwaukee Common Council approved a resolution urging federal regulators to immediately inspect all tracks, bridges and crossings on which Bakken crude oil is carried — but at the end of the day, that’s simply a request.

hicks7

 

New rules on oil trains draw flak from firefighters, too

Repost from the Bellingham Herald

New rules on oil trains draw flak from firefighters, too

By Curtis Tate, McClatchy Washington Bureau, May 11, 2015
Derailed train cars burn near Mount Carbon, W.Va., Monday. A CSX train carrying crude oil derailed at around 1:20 p.m. Monday, spilling oil into the Kanawha River and destroying a home in the path of the wreckage. Marcus Constantino/ Daily Mail

— Lawmakers and environmental and industry groups criticized the federal government’s new safety measures for oil trains when they were announced earlier this month. Now another group has expressed disappointment in the new rules:

Emergency responders. They’re among the first in danger when a fiery derailment happens.

After another oil train derailed and caught fire last week, this time in North Dakota and the fifth in North America this year, firefighters renewed their call for more training and information about hazardous rail shipments.

The International Association of Fire Fighters’ primary objection to the new rules is about their information-sharing requirements. But Elizabeth Harman, an assistant to the general president of the group, also said firefighters needed more training on responding to hazardous materials incidents. The rule didn’t directly address that issue, though some lawmakers have sought additional funding.

“The training that’s needed has been developed,” she said. “This is the first step that needs to be funded and expanded for all first responders.”

Harman said her group had been talking to the Federal Emergency Management Agency about making more competitive grants available for first-responder training.

Tank cars still showing accident vulnerability

Tens of thousands of rail tank cars haul flammable liquids, such as crude oil and ethanol, across North America, and most have weak spots that make them vulnerable to puncture and fire in an accident. A new tank car design has been approved, but is not widely available yet. There have been five serious oil train derailments so far this year.

Old and new tank car designs
Click for full size viewing
Accidents
Click for full size viewing.
  1. Feb. 14, Gogama, Ontario, 29 cars of a Canadian National oil train derail and a fire engulfs seven cars. No injuries are reported.
  2. Feb. 16, Mount Carbon, W.V., 28 cars of a CSX oil train derail along the banks of the Kanawha River. One injury reported.
  3. March 5, Galena, Ill., 21 cars of a BNSF crude oil train derail and a fire erupts.
  4. March 7, Gogama, Ont., 39 cars of a Canadian National oil train derail and a fire engulfs multiple cars. A bridge is destroyed by the heat. No injuries are reported.
  5. May 6, Heimdal, N.D., six cars of a BNSF crude oil train derail and a fire erupts, forcing temporary evacuation of Heimdal.
*In addition to the 2015 accidents, the map locates selected derailments from 1981 through 2014 involving DOT-111A tank cars that polluted waterways and threatened cities with flammable or toxic chemicals.  Sources: McClatchy Washington Bureau, National Transportation Safety Board, Department of Transportation, Surface Transportation Board, Association of American Railroads, Railway Supply Institute

Since 2010, an exponentially larger volume of flammable liquids, especially crude oil and ethanol, has been moving by rail, and with it has come an increase in risk to communities.

“We need to be prepared for it, and we’re willing to be prepared for it,” Harman said.

The rail industry and the government have funded new training for emergency responders as a result of the increased risk. Railroads train 20,000 firefighters a year in communities across the country, according to the Association of American Railroads, an industry group.

Since last summer, the rail industry has paid to send hundreds more to an advanced firefighting academy in Pueblo, Colo., designed for responding to oil train fires.

While firefighter groups have praised the industry’s efforts, 65 percent of fire departments involved in responding to hazardous materials incidents still have no formal training in that area, according to a 2010 survey by the National Fire Protection Association.

While no first responders have been injured in multiple oil train derailments and fires in the past year and a half, they’ve faced numerous challenges:

– When an oil train derailed and caught fire near Casselton, N.D., on Dec. 30, 2013, a BNSF student engineer became an ad-hoc first responder. According to interview transcripts published last month by the National Transportation Safety Board, the student donned firefighting gear and equipment as he uncoupled cars that were still on the track to move them away from the fire.

– When an oil train derailed and caught fire in downtown Lynchburg, Va., on April 30, 2014, first responders didn’t know right away which railroad to call, since two companies operate tracks through the city. According to a presentation at a conference of transportation professionals in Washington in January, it also took 45 minutes for first responders to obtain documents showing them what the train was carrying.

– After an oil train derailed and caught fire near Galena, Ill., on March 5 this year, volunteer firefighters could reach the remote site only via a bike path. Once there, they attempted to extinguish the fire, but had to retreat when they realized they couldn’t, leaving their equipment behind. According to local news reports, their radios didn’t work, either.

Harman said the U.S. Department of Transportation’s new regulations for trains carrying crude oil, ethanol and other flammable liquids didn’t go far enough with respect to information that railroads provided to communities.

Under an emergency order the department issued last May, railroads were required to report large shipments of Bakken crude oil to state emergency-response commissions, which then disseminated that information to local fire departments.

But under the department’s new rules, starting next year, railroads will no longer report the information to the states, and fire departments that want the information will have to go directly to the railroads. It also will be shielded from public disclosure.

“These new rules fall short of requiring rail operators to provide the information fire departments need to respond effectively when the call arrives,” said Harold Schaitberger, general president of the firefighters group.

Susan Lagana, a spokeswoman for the Department of Transportation, said Friday that the department was reviewing feedback from emergency responders and lawmakers to address their concerns.

She said the new rule would expand the amount of information available to first responders and noted that for now, last year’s emergency order remains in place.

Ed Greenberg, a spokesman for the Association of American Railroads, said the industry was reviewing the new regulations. He said it had shared information with first responders for years and would continue to do so.

Greenberg said the industry was developing a mobile application called AskRail that would give emergency responders immediate access to information about a train’s cargo.

“Freight railroads have ongoing dialogue with first responders, residents and local civic officials on rail operations and emergency planning,” he said.

Emergency planners in Washington state sought more information about oil trains from BNSF, including routing information, worst-case derailment scenarios, response planning and insurance coverage. On April 30, the railroad met with state fire chiefs in Olympia.

“I think both sides learned a little bit about the other group’s point of view,” said Wayne Senter, the executive director of the Washington Fire Chiefs. “I was pretty positive by the end of the meeting the information we asked for in our letter was either available or will soon be available either directly or indirectly.”

Samantha Wohlfeil of The Bellingham (Wash.) Herald contributed to this article.

Vandalism on inactive rail line used to justify oil train secrecy

Repost from The Bellingham Herald

Vandalism on inactive rail line used to justify oil train secrecy

By Curtis Tate, McClatchy Washington Bureau, May 10, 2015
A train carrying tanker cars filled with crude oil passes through St. Paul, Minnesota, on February 27, 2013. JIM GEHRZ — Minneapolis Star-Tribune/MCT

Part of the federal government’s justification for keeping details about oil trains secret is literally hiding in the weeds on the South Dakota prairie.

Itself hidden on page 255 of the U.S. Department of Transportation’s 395-page final rule on trains carrying large volumes of flammable liquids, the example is sure to raise additional questions about the government’s decision to shield routing and volume details on oil trains from public view.

Such details have been publicly available for the past year, at least about weekly shipments of 1 million gallons or more of Bakken crude oil. But rail and oil companies have been adamant that the government drop the disclosure requirement it imposed last May, citing concerns about security and business confidentiality.

In its rule, the department cited an investigation by the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives into an act of vandalism reported last December in Vivian, S.D.

According to investigators, a two-foot section of rail on the state-owned Dakota Southern Railway was blown out with tannerite, an explosive used in target practice that can be purchased at sporting goods stores.

In its rule, the department notes that “widespread access to security sensitive information could be used for criminal purposes when it comes to crude oil by rail transportation.”

But not only is the track through Vivian not used for oil trains, it hasn’t been used by any train for years.

Publicly searchable photos show that the rail line is clearly out of service, its rusting rails barely visible, if at all, under prairie grass. Several road crossings along the route have been paved over, including the one where U.S. Highway 83 crosses the track in Vivian.

Officials didn’t even notice the missing piece of rail for weeks.

South Dakota bought the nearly 300-mile rail line connecting Mitchell and Rapid City from the bankrupt Milwaukee Road in the early 1980s to preserve train service for grain-producing communities.

While part of the eastern end of the line has come back to life in recent years, thanks to federal and state investment, the western half, including the track that runs through Vivian, has mostly been out of service.

McClatchy received partial or full reports on Bakken oil trains from 24 states last year through their open records laws. South Dakota was one of those states, and the Dakota Southern Railway was not labeled as an oil train route.