Category Archives: Federal Regulation (U.S.)

Bakken Crude, Federal Regulation (U.S.), Hazmat notification, Oil stabilization, Rail infrastructure, Rail inspection, Tank car design, Train speed

Dems to Obama: Use Powers to Crack Down on Oil Rail Transportation

Repost from The PJ Tatler

Dems to Obama: Use Powers to Crack Down on Oil Rail Transportation

By Bridget Johnson, March 9, 2015 – 2:50 pm

Wisconsin Democrats are urging President Obama to explore using his executive authority to take “immediate” action against “dangerous” trains transporting oil from hugely successful production areas in North Dakota.

Sen. Tammy Baldwin (D-Wis.) and Rep. Ron Kind (D-Wis.) noted that the Obama administration missed a Jan. 15 deadline to release final Department of Transportation and the Pipeline and Hazardous Materials Safety Administration rules on oil train accidents.

“We write to you today with deep concerns about the risk that trains carrying crude oil continue to pose to our constituents.  Oil train accidents are increasing at an alarming rate as a result of the increased oil production from the Bakken formation in North Dakota. Congress has provided additional funding to study safer tank cars, hire more track inspectors, and repair rail infrastructure. We urge your Administration to use this funding, along with its regulatory powers, to improve oil train safety as quickly as possible,” Baldwin and Kind wrote to Obama today.

“…It is time for you to take immediate action and we request that your Administration issue final rules without further delay. We believe that recent accidents make clear the need for rules stronger than those originally proposed.”

Baldwin and Kind said that the primary risk is crumbling rail infrastructure, including not enough Federal Railroad Administration inspections and old bridges.

“The danger facing Wisconsin communities located near rail lanes has materialized quickly. Just a few years ago, an oil train in the state was a rare sight. Today, more than 40 oil trains a week pass through Wisconsin cities and towns, many more than 100 tank cars long,” the lawmakers wrote. “It is clear that the increase in oil moving on the rails has corresponded with an uptick in oil train derailments. In addition to the derailment in Illinois on Thursday March 5, 2015, there have been derailments in North Dakota, Virginia, Alabama, West Virginia, and a fatal explosion in Lac-Megantic, Quebec.”

“These catastrophes have illuminated the many areas ripe for improvement, as well as additional measures needed to be taken in order to ensure safety when transporting crude oil by train.”

They want new regulations for the stabilization of oil to make crude “less likely to ignite,” new safety requirements for tank cars, new speed limits for oil trains, and “increased transparency” about oil shipments as “it is also important that our communities are aware of what is being shipped in their backyard.”

Supporters of the Keystone XL pipeline have noted the need for a comprehensive energy infrastructure that involves rail and roads, though Baldwin voted against the pipeline in January.

Baldwin sought amendments requiring that tar sands producers pay into the Oil Spill Liability Trust Fund, and guarantees that American consumers get the Keystone oil before foreign export markets.

“Working with Canada we can achieve true North American energy security and also help our allies,” sponsor Sen. John Hoeven (R-N.D.) said then. “For us to continue to produce more energy and compete in the global market we need more pipelines to move crude at the lowest cost and in the safest and most environmentally friendly way. That means that pipelines like the Keystone XL are in the vital national interest of our country.”

Bakken Crude, CPC-1232, Crude By Rail, Derailment, DOT-111, Explosion, Federal Regulation (U.S.), Fire, Rivers, Tank car design

EPA: Illinois oil train derailment threatens Mississippi River

Repost from McClatchy DC News
[Editor: In addition to breaking news about the EPA’s order of “imminent and substantial danger,” this article is an excellent summary of five recent hazmat derailments in as many weeks.  – RS]

EPA: Illinois oil train derailment threatens Mississippi River

By Curtis Tate, McClatchy Washington Bureau, March 7, 2015
Oil Train Derailment Illinois
Smoke and flames erupt when a train derailed Thursday, March 5, 2015, near where the Galena River meets the Mississippi in Illinois. On Saturday, March 7, the Environmental Protection Agency said the spill posed an environmental threat to the region. MIKE BURLEY — AP/Telegraph Herald

WASHINGTON — An oil train derailment and spill in northwest Illinois poses an “imminent and substantial danger” of contaminating the Mississippi River, the U.S. Environmental Protection Agency said Saturday.

The spill from the derailment, which occurred Thursday, also threatens the Galena River, a tributary of the Mississippi, and the Upper Mississippi National Wildlife and Fish Refuge, one of the most complex ecosystems in North America.

The EPA said it couldn’t estimate how much oil was spilled, but that the 21 cars of the 105-car BNSF Railway train that derailed contained 630,000 gallons of Bakken crude from North Dakota. Small fires from the wreckage continued to burn Saturday.

Earlier Saturday, another oil train derailed and caught fire near Gogama, Ontario, bringing to five the total number of fiery derailments in the U.S. and Canada in as many weeks.

The safety of trains carrying flammable materials has become an issue as the introduction of new drilling technology has allowed the development of crude oil deposits far from traditional pipelines, particularly in the so-called Bakken formation in North Dakota. Rail has become the preferred way to transport that crude to refineries, with railroads moving about 500,000 carloads of oil last year, according to industry estimates, up from 9,500 in 2008. One tank car holds 30,000 gallons.

But recent derailments have cast doubt on the effectiveness of safety efforts and suggest that no tank car currently in service on the North American rail system is tough enough to resist damage in relatively low-speed derailments.

According to the Federal Railroad Administration, which is investigating the Illinois derailment, the train was traveling at just 23 miles per hour when it left the tracks, well below the maximum speed allowed. The damaged tank cars were newer CPC-1232 tank cars, which are supposed to be safer than previous ones, but have failed in at least four derailments this year and at least two in 2014.

Saturday’s derailment of a Canadian National Railway train took place about 23 miles from where another oil train derailed on the same rail line three weeks ago. The railroad said on Twitter Saturday afternoon that five cars were in a local waterway, some of them on fire. About 264,000 gallons of oil were released in the Feb. 14 derailment. The Transportation Safety Board of Canada is investigating both accidents.

The Illinois derailment is the second in three weeks on U.S. rails. On Feb. 16, 28 cars of a 107-car CSX train derailed in Mount Carbon, W.Va., and 19 caught fire. One house was destroyed and more than 100 residents were evacuated for four days. Many residents and first responders witnessed columns of fire rising hundreds of feet in the air as several of the tank cars ruptured from heat exposure.

A Canadian Pacific train carrying ethanol derailed on Feb. 4 along the Upper Mississippi north of Dubuque, Iowa. The EPA estimates about 55,000 gallons spilled, some of which burned and some of which was recovered from the icy river.

In a statement Saturday, BNSF said a temporary road was being built to the Illinois site, about four miles south of Galena, to help extinguish remaining fires and remove damaged cars. The railroad said it “sincerely regrets” the impact of the derailment.

“Protection of the communities we serve, the safety of our employees and protection of the environment are our highest priorities,” the railroad said.

The role of the newer CPC-1232 tank cars in recent derailments and fires raises new worries about the risk shipments of oil pose to the cities and towns through which they travel. The rail industry adopted the CPC-1232 tank cars as standard in 2011 for oil shipments, saying they were an improvement over the DOT-111 tank car, which had been in use for decades to haul a variety of commodities, including ethanol and crude.

But in spite of special reinforcement of exposed areas, the new cars are still prone to spilling their contents, even at relatively low speeds.

On Jan. 30, the U.S. Department of Transportation sent new regulations for oil and ethanol trains to the White House Office of Management and Budget for review. The rule-making package is expected to include a new tank car design that exceeds the CPC-1232 standard.

According to the department’s February report on significant rule-makings, the final rule is scheduled for publication on May 12.

 

Bakken Crude, CPC-1232, Crude By Rail, Derailment, Evacuation, Explosion, Federal Regulation (U.S.), Massive increase in crude-by-rail, Tank car design

Oil train tank cars derail in Illinois; involved “safer” models

Repost from the Delaware County Daily Times, Primos PA
[Editor: A variation on this AP story appeared in our local Vallejo Times Herald on 3/7/15, with this significant quote regarding the need for existing and proposed new tank car safety standards: “‘…those standards failed to prevent leakage and explosions that threaten human safety and environmental contamination,’ said Steve Barg, director of the Jo Daviess Conservation Foundation, which owns a nature preserve several hundred yards from the derailment site.”  – RS]

Oil train tank cars derail in Illinois; involved safer models

Staff, 3/6/15 1:10PM EST
Smoke and flames erupt from the scene of a train derailment Thursday, March 5, 2015, near Galena, Ill. A BNSF Railway freight train loaded with crude oil derailed around 1:20 p.m. in a rural area where the Galena River meets the Mississippi, said Jo Daviess County Sheriff’s Sgt. Mike Moser. (AP Photo/Telegraph Herald, Mike Burley)

GALENA, Ill. (AP) — The rail cars that split open and burst into flames during a western Illinois oil train derailment this week were retrofitted with protective shields to meet a higher safety standard than federal law requires, railroad officials said.

The fire continued to burn Friday, a day after 21 of the train’s 105 cars derailed in a rural area south of the city of Galena. No injuries were reported, but the accident was the latest in a series of failures for the safer tank-car model that has led some people calling for even tougher requirements.

BNSF Railway said in a news release that the train’s tank cars were a newer model known as the 1232, which was designed during safety upgrades voluntarily adopted by the industry four years ago in hopes of keeping cars from rupturing during derailments. But 1232 standard cars involved in three other accidents have split open in the past year.

Those other accidents included one last month in West Virginia in which a train carrying 3 million gallons of North Dakota crude derailed, shooting fireballs into the sky, leaking oil into a waterway and burning down a house. The home’s owner was treated for smoke inhalation, but no one else was injured.

Thursday’s accident in Illinois led local officials to announce a voluntary evacuation of an area within 1 mile because of the presence of a propane tank near the derailment. Only a family of two agreed to leave their home, Galena City Administrator Mark Moran said Thursday.

A railway spokesman initially said six cars derailed. But in an update Friday, BNSF said it found 21 cars had derailed in an area where the Galena River meets the Mississippi. The company said a resulting fire is believed to have spread to five rail cars, and emergency personnel were trying to contain the blaze.

The train had 103 cars loaded with crude oil from the Northern Plains’ Bakken region, along with two buffer cars loaded with sand, according to company spokesman Andy Williams. The cause of the derailment hasn’t been determined.

The accident occurred 3 miles south of Galena in a wooded and hilly area that is a major tourist attraction and the home of former President Ulysses S. Grant.

As of June of last year, BNSF was hauling 32 Bakken oil trains per week through the surrounding Jo Daviess County, according to information disclosed to Illinois emergency officials.

Firefighters could only access the derailment site by a bike path, said Galena Assistant Fire Chief Bob Conley. They had to pull back initially for safety reasons, but by midday Friday officials described the area as “stable.”

The Federal Railroad Administration said its investigators expected to have access to the site around noon, and it has not yet been able to determine if any crude oil spilled into nearby waterways.

BNSF said it was taking steps to prevent contamination.

Recent derailments have increased public concern about the safety of shipping crude by train. According to the Association of American Railroads, oil shipments by rail jumped from 9,500 carloads in 2008 to 500,000 in 2014, driven by a boom in the Bakken oil patch of North Dakota and Montana, where pipeline limitations force 70 percent of the crude to move by rail.

Since 2008, oil train derailments in the U.S. and Canada have caused 70,000-gallon tank cars to break open and ignite on multiple occasions, resulting in huge fires.

The wrecks have intensified pressure on the administration of President Barack Obama to approve tougher standards for railroads and tank cars, despite industry complaints that it could cost billions and slow freight deliveries.

Oil industry officials had been opposed to further upgrading the 1232 cars because of costs. But late last year they changed their position and joined with the railway industry to support some upgrades, although they asked for time to make the improvements.

Bakken Crude, Crude By Rail, Derailment, Evacuation zone, Explosion, Federal Regulation (U.S.), Fire

Third Fiery Accident in Three Weeks Shows Need for Immediate New Federal Regulations

Repost from The Center for Biological Diversity

Center for Biological DiversityYet Another Oil Train Derails, Catches Fire, This Time in Illinois

Third Fiery Accident in Three Weeks Shows Need for Immediate Major Safety Upgrades for Shipments of Crude by Rail

GALENA, Ill.— An oil train transporting more than 100 cars of highly volatile crude oil derailed and caught fire today in northwest Illinois near the Mississippi River — the third explosive oil train accident in three weeks. Billowing columns of dark smoke and fireballs shooting hundreds of feet into the air were visible this afternoon as at least two tank cars caught fire. Early reports are that first responders had to pull back from the fire due to the heat and ongoing danger of more tank cars catching fire and exploding. The incident follows in close succession fiery oil train derailments in Ontario and West Virginia.

“The only thing more mind-boggling than three such accidents in three weeks is the continued lack of action by the Obama administration to protect us from these dangerous oil trains,” said Mollie Matteson, a senior scientist at the Center for Biological Diversity. “The government has the authority to take immediate action to address this crisis — which puts homes, waters and wildlife at risk – and yet it has sat back and watched.”

The Center for Biological Diversity recently released a report on the danger of oil trains traveling tracks throughout the United States. Among the findings were that some 25 million people live within the one-mile “evacuation zone” of tracks carrying oil trains and that the trains pass through 34 wildlife refuges and critical habitat for 57 endangered species.

The Illinois accident joins a growing list of devastating oil train derailments over the past two years. There has been a more than 40-fold increase in crude oil transport by rail since 2008, but no significant upgrade in federal safety requirements. Oil transport has increased from virtually nothing in 2008 to more than 500,000 rail cars of oil in 2014. Billions of gallons of oil pass through towns and cities ill-equipped to respond to the kinds of explosions and spills that have been occurring. Millions of gallons of crude oil have been spilled into waterways.

Today’s derailment happened where the Galena River meets the Mississippi River. There are no reports of injuries or fatalities, or of drinking water intake closures, although there are communities in the area that draw water from the Mississippi. The Burlington Northern Santa Fe train included 103 tank cars transporting volatile crude oil from the Bakken oil fields of North Dakota.

Loaded oil trains on this particular line first must pass through densely populated areas such as Minneapolis-St. Paul and La-Crosse. The trains also pass through the Upper Mississippi River National Wildlife Refuge, about 50 miles upstream of the derailment site. According to the U.S. Fish and Wildlife Service, the Mississippi River corridor “provides productive fish and wildlife habitat unmatched in the heart of America.”

“There are simply no excuses left for the Obama administration. The fact that these trains are still moving on the rails is a national travesty,” said Matteson. “The next explosive wreck — and there will be more, so long as nothing changes — may take lives, burn up a town or level a city business district, and pollute the drinking water of thousands of people. Enough is enough.”

A series of fiery oil-train derailments in the United States and Canada has resulted in life-threatening explosions and destructive oil spills. The worst was a derailment in Quebec in July 2013 that killed 47 people, forced the evacuation of 2,000 people, and incinerated portions of a popular tourist town.

Ethanol shipments by rail have also raised safety concerns. On Feb. 4, a train transporting ethanol derailed along the Mississippi River in Iowa, catching fire and sending an unknown amount of ethanol into the river.

In February the U.S. Department of Transportation sent new rules governing oil train safety to the White House for review, prior to public release. However, the proposed rules fail to require appropriate speed limitations, and it will be at least another two and a half years before the most dangerous tank cars are phased out of use for the most hazardous cargos. The oil and railroad industries have lobbied for weaker rules on tank car safety and brake requirements. The industries also want more time to comply with the new rules.

Yet, without regulations that will effectively prevent derailments and rupture of tank cars, oil trains will continue to threaten people, drinking water supplies and wildlife, including endangered species.

The Center has also petitioned for oil trains that include far fewer tank cars and for comprehensive oil spill response plans for railroads as well as other important federal reforms, and is also pushing to stop the expansion of projects that will facilitate further increases in crude by rail.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 825,000 members and online activists dedicated to the protection of endangered species and wild places.