Category Archives: Federal Regulation (U.S.)

Federal Regulation (U.S.), Howard “Skip” Elliott, Keeping Watch on Earth News, Pipeline and Hazardous Materials Safety Administration (PHMSA), Pipeline transport, Trump

Former exec with major coal transporter nominated to head pipeline safety agency

Repost from ThinkProgress

Former exec with major coal transporter nominated to head pipeline safety agency

With no pipeline experience, big learning curve expected.

By Mark Hand, September 11, 2017, 4:59 PM
FILE – In this Sept. 11, 2010, file photo, a natural gas line lies broken on a San Bruno, Calif., road after a massive explosion. Pacific Gas & Electric Co. pleaded not guilty Monday, April 21, 2014, to a dozen felony charges stemming from alleged safety violations in a deadly 2010 natural gas pipeline explosion that leveled a suburban neighborhood in the San Francisco Bay Area. As survivors of the blast looked on, attorneys for California’s largest utility entered the plea in federal court in San Francisco to 12 felony violations of federal pipeline safety laws. (AP Photo/Noah Berger, File)

President Donald Trump intends to nominate a long-time executive with the freight rail industry to serve as administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA), a regulatory agency that oversees the nation’s extensive pipeline network.

For the past decade, Howard “Skip” Elliott held the title of group vice president of public safety, health, environment, and security for CSX Transportation, a Jacksonville, Florida-based subsidiary of CSX Corp. Altogether, Elliott has a 40-year history in the freight rail industry, although he does not have any government service experience. Elliott’s nomination to head PHMSA is subject to Senate confirmation.

One industry observer noted Elliott will have a big learning curve, coming from the railroad industry, since pipeline safety regulation and oversight is complicated with many diverse stakeholders and controversial issues, including the definition gathering lines and pipeline integrity management requirements.

Pipeline industry officials, though, praised Trump’s nomination of Elliott, citing his extensive experience and leadership in freight rail safety. “We urge the president to nominate, and the Senate to hold a hearing and quickly confirm this qualified nominee,” Interstate Natural Gas Association of America (INGAA) President and CEO Don Santa said in a statement Monday. INGAA is the primary industry trade group for U.S. natural gas pipeline companies.

PHMSA, part of the U.S. Department of Transportation, was created in 2004 and is composed of two offices: the Office of Pipeline Safety and the Office of Hazardous Materials Safety.

According to analysis by the Pipeline Safety Trust, a pipeline watchdog group, new natural gas pipelines are failing at a rate slightly above gas pipelines built before the 1940s. Natural gas transmission lines built in the 2010s had an annual average incident rate of 6.64 per 10,000 miles over the time frame considered. Those installed prior to 1940 or at unknown dates had an incident rate of 6.08 per 10,000 miles, SNL Energy reported.

CSX trains have been in numerous accidents in recent years. In early 2014, a tanker of crude oil and a boxcar of sand nearly toppled over a bridge in Philadelphia after a freight train owned by CSX derailed. Later that year, an oil train operated by CSX derailed and caught fire in Lynchburg, Virginia. Less than 24 hours later, about 10 cars of a CSX coal train went off the tracks, though all of the cars remained.

Elliott is a recipient of an Association of American Railroads award for lifetime achievement in hazardous materials transportation safety. He is a “pioneer and leading advocate” in developing computer-based tools to assist emergency management officials, first responders, and homeland security personnel in responding to a railroad hazardous materials or security incidents, the White House said in a statement released Friday.

CSX is the largest coal transporter east of the Mississippi River and operates a railroad network that runs through the heart of the Appalachian coal fields. CSX also transports crude oil from the Midwest to refineries and terminals along the Hudson River, New York Harbor, Delaware River, and Virginia coast.

Drue Pearce, who is serving as acting administrator of PHMSA, will assume the title of deputy administrator if Elliott is confirmed. She previously served as federal coordinator for Alaskan Natural Gas Transportation Projects, a government position created to streamline the construction of a natural gas pipeline from Alaska to the Lower 48 states. The pipeline was never built.

In the Obama administration, Marie Therese Dominquez headed PHMSA from June 2015 through January 2017. Dominquez worked in government prior to joining PHMSA, serving as principal deputy assistant secretary of the Army Corps of Engineers and working at the National Transportation Safety Board. Cynthia Quarterman, who worked as a lawyer for pipeline companies, including Enbridge Inc., served as PHMSA administrator from 2009 to 2014. Earlier in her career, Quarterman served as director of the Minerals Management Service in the Clinton administration.

Bomb Trains, California Attorney General Xavier Becerra, Coal trains, Crude By Rail, Derailment, Explosion, Federal Regulation (U.S.), Pipeline and Hazardous Materials Safety Administration (PHMSA), Vapor pressure

California Attorney General Calls on Trump to Close Loophole that Exposes Communities to “Bomb Trains”

Press Release from California Attorney General Xavier Becerra
[Editor:  See also KQED California Report, “AG Becerra Wants Trump Administration to Make Crude-Carrying ‘Bomb Trains’ Safer”  Also, see the NRDC blog on this story.   And … sadly … see a similar story from December, 2015.  – RS]

Attorney General Becerra Calls on Trump to Close Loophole that Exposes Vulnerable California Communities to “Bomb Trains”

Thursday, May 25, 2017
Contact: (415) 703-5837, agpressoffice@doj.ca.gov
  • Without Action, California Could Be Exposed To Freight Trains Carrying Highly Flammable, Highly Explosive Crude Oil
  • San Bernardino-Riverside And San Luis Obispo Among Regions Bearing Greatest Potential Risks

SACRAMENTO – California Attorney General Xavier Becerra is urging the Trump Administration to immediately close a loophole to prevent highly flammable, highly explosive crude oil from being shipped by freight rail via so-called “bomb trains” through communities in California, including the highly populated San Bernardino-Riverside and San Luis Obispo regions. High hazard areas for derailments would exist along every freight rail route in California. Many of these areas are also adjacent to California’s most sensitive ecological areas.

“Millions of Californians live, work, and attend school within the vicinity of railroad train tracks,” said Attorney General Becerra. “A derailment or explosion in California could put countless lives at risk and cause major damage to our land and waterways. This risk is simply unacceptable. I urge the Trump Administration to act immediately.”

So-called “bomb trains” are responsible for several catastrophic rail accidents in recent years, including the 2013 explosion in Quebec that killed 47 people.

In comments submitted to federal regulators, Attorney General Becerra called for immediate action that would require all crude oil transported by rail in the U.S. achieve a vapor pressure of less than 9.0 pounds per square inch (psi). Vapor pressure is a key driver of the oil’s explosiveness and flammability. Attorney General Becerra joined attorneys general from Illinois, Maine, Maryland, New York and Washington in calling for this requirement.

The comments were filed in response to an Advanced Notice of Proposed Rulemaking (ANPRM) issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), which is part of the U.S. Department of Transportation.

Earlier this month, as part of his efforts to protect vulnerable California communities, Attorney General Becerra filed a lawsuit in federal court that seeks to protect state residents from dangerous pollution that results from coal mining. Coal mined on public lands is transported by train through California and exported from ports in Long Beach, Los Angeles, Richmond and Stockton — areas next to several vulnerable communities. The transport of coal in open-top rail cars, as well as its storage and handling at export terminals, emits dangerous pollution. These emissions can result in a wide variety of serious health problems, including asthma, bronchitis, cardio-vascular diseases and cancer.

# # #

California Attorney General Xavier Becerra, Crude By Rail, Federal Regulation (U.S.), Illinois, Maine, Maryland, New York, Washington State

Six States’ Attorneys General To Trump Administration: Close Loophole Allowing Trains To Carry Explosive Crude Oil Through Communities

Press release, New York Attorney General Eric Schneiderman
[Editor: Six state attorneys general, including California’s Xavier Becerra, are asking federal regulators to place new restrictions on crude oil trains that pass through their states.  – RS]

A.G. Schneiderman, Fellow AGs To Trump Administration: Close Loophole Allowing Trains To Carry Explosive Crude Oil Through Communities

Eric T. Schneiderman Press Release, May 22, 2017

“Bomb Trains” Carrying Millions Of Gallons Of Crude Oil Routinely Travel Through Cities And Towns In NY And Across Country, Without Any Limits On Explosiveness And Flammability 

Six-State Coalition Calls For Immediate Action To Set National Limit On Vapor Pressure Of Crude Oil To Minimize Threat Of Explosions And Uncontrollable Fires From Rail Accidents 

Schneiderman: It’s Time For The Federal Government To Close This Dangerous And Nonsensical Loophole

NEW YORK – Attorney General Eric T. Schneiderman, leading a coalition of six state Attorneys General, is urging the Trump Administration to immediately close a loophole that allows highly flammable, highly explosive crude oil to be shipped by rail through communities in New York and across the country. These so-called “bomb trains” are responsible for several catastrophic rail accidents in recent years, including the 2013 explosion in Quebec that killed 47 people; in New York alone, these trains cover roughly 700 miles of the state.

In comments filed in response to an Advanced Notice of Proposed Rulemaking (ANPRM) issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), the coalition calls on the agency to take immediate steps to require that all crude oil transported by rail in the U.S. achieve a vapor pressure – a key driver of the oil’s explosiveness and flammability– of less than 9.0 pounds per square inch (psi). The comments were filed by the Attorneys General of New York, California [Attorney General Xavier Becerra], Illinois, Maryland, Maine, and Washington

**Click here to read the comments filed by the Attorneys General.**

“Because of a regulatory loophole, these trains can carry crude oil through some of our most densely populated areas without any limit on explosiveness or flammability – creating ticking time bombs that jeopardize the safety of countless New Yorkers and Americans,” said Attorney General Schneiderman. “It’s time for the federal government to put New Yorkers’ safety first and take immediate action to close this dangerous and nonsensical loophole.”

In December 2015, Attorney General Schneiderman filed a petition for rulemaking with PHMSA to set the national limit on vapor pressure of crude oil transported by rail at less than 9.0 psi . In December 2016, specifically citing the Attorney General’s petition, the agency announced that it would issue an ANPRM in order to gather public comment on vapor pressure limits and the safety benefits of utilizing such a limit in regulating the transport of crude oil and other dangerous materials.

Accidents of trains carrying crude oil have resulted in devastating explosions and uncontrollable fires – including the 2016 train derailment in Mosier, Oregon, where the resulting fire caused the evacuation of nearly one-quarter of the town’s residents, and the infamous 2013 Lac-Mégantic, Quebec accident, where a derailed train burst into flames, destroyed the downtown area, and killed 47 people.  Despite the catastrophic impacts that these and other rail accidents have had on communities, currently there is no federal limit on the vapor pressure of crude oil transported by rail. In the comments filed with PHMSA on Friday, the Attorneys General argue that reducing crude oil vapor pressures to levels below 9.0 psi is not only practical, but is necessary for minimizing the explosion and fire danger involved in transporting crude oil by rail.

The Fixing America’s Surface Transportation (FAST) Act of 2015 requires PHMSA and the federal Department of Energy to report the results of a multi-year study conducted by Sandia National Laboratories to assess the volatility of crude oil and make recommendations on improving the safety of its transport. The completion of this study and the development of accompanying recommendations may take years. For this reason, the coalition is urging PHMSA to recognize the substantial present danger that oil trains pose to communities by taking immediate action to set a vapor pressure standard less than 9.0 psi until a final standard is promulgated.

It has been reported that up to 44 “unit trains” – chains of 70 to 120 tank cars – travel on rail routes that bisect New York each week, each carrying from 2 to 3.5 million gallons of crude oil.  These trains cover approximately 700 miles of the state, passing through small communities as well as the heart of population centers such as Buffalo, Syracuse, Rochester, Plattsburgh, Saratoga Springs, Albany, Kingston, and Newburgh, and within a few miles of New York City.  An oil train accident along these routes of the size and intensity of those seen in Quebec and other locations, could endanger the safety of thousands of New Yorkers who live, work, travel, and recreate along the trains’ paths.

Vapor pressure is a key contributor to crude oil’s explosiveness and flammability.  Crude oils with the highest vapor pressures – such as those produced from the Bakken Shale formations in North Dakota – have the highest concentrations of propane, butane, ethane, and other highly volatile gases.  While the vapor pressure of the crude oil involved in train accidents is frequently not disclosed, in the limited number of instances it is known – including the Mosier (Oregon) and La-Mégantic (Quebec) accidents – vapor pressures have exceeded 9.0 psi.

PHMSA’s stated mission is to protect people and the environment from the risks associated with the transportation of hazardous materials, including crude oil.  In July 2015, in response to concerns raised by rail accidents involving crude oil shipments, the agency adopted a new rule that sought to enhance the structural integrity of train cars that ship crude oil, and lessen the chances of train derailments.  Although the new rule imposed new regulations on the design and operation of train cars, it did nothing to increase the safety of the highly combustible liquids carried by these cars.  Because of this, under federal law, crude oil can still be shipped through some of New York’s most densely populated communities without any limit on its explosiveness or flammability.

According to the Association of American Railroads, crude oil shipments by rail increased from 9,500 carloads in 2008 to 493,126 carloads in 2014, representing an increase of over 5,000 percent.  While rail shipments of crude oil have dipped somewhat in recent years, rail is expected to continue to be an important mode of transporting the resource in the future, particularly as crude oil prices and total U.S. production rebound as expected.

“No one should have to live with dangerously explosive materials rumbling through their backyards,” said Congresswoman Nita Lowey. “In Rockland County, trains carry crude oil directly through towns and neighborhoods where children and families live, work, and play. The risk of a crude oil tragedy in New York and across the country is far too great, and I am pleased Attorney General Schneiderman is fighting for this important step to protect our communities. As Ranking Member of the House Appropriations Committee, I will continue working with partners at all levels of government to prevent a crude transport disaster.”

“I join and commend Attorney General Schneiderman in his call for immediate action at the federal level to mandate a safer vapor pressure standard of 9.0 or lower for crude oil transported by rail. The Capital Region remains a major hub for oil train traffic and as long as volatile crude oil is permitted to be transported through the area, residents remain at risk. Almost two dozen Assemblymembers wrote the Administration last fall supporting this safety change,” said Assemblymember Patricia A. Fahy.

“I join Attorney General Schneiderman in calling on the Trump administration to take immediate action to protect our community by reducing the volatility of crude oil shipped by rail to mitigate the impact of accidents involving oil trains,” said Albany County Executive Daniel P. McCoy. “I believe the lower threshold would reduce the possibility of explosions and go a long way toward holding rail shippers accountable for the risks we face every day. I have called for lower thresholds since 2014 after we found out that the Bakken crude in the Lac Megantic disaster had a psi between 9 and 9.3 and my Expert Advisory Committee on Crude Oil Safety Issues made the same recommendation that I sent to the former Secretary of Transportation.  As we near the fourth anniversary of that disaster, we must take every precaution necessary to protect our residents. I applaud the Attorney General for pursuing this requirement and offering his comments to the Pipeline and Hazardous Materials Safety Administration on behalf of New Yorkers.”

“I fully support Attorney General Schneiderman’s efforts to improve the safety of crude oil that is transported by rail through cities like Albany every day,” said Albany Mayor Kathy Sheehan. “Improving vapor pressure standards will help to protect our communities from the harm that can occur if a derailment or accident occurs.  I applaud the Attorney General’s leadership on this important issue.”

“The City of Plattsburgh cares deeply about the movement of the most volatile crude oil products by train through our dense urban core and along our lake. Reducing the permissible vapor pressure for crude oil and chemical containers reduces both the potential for explosions and for chemical inhalation should an accident or puncture occur. I fully support the OAG’s effort to keep our population safe by restricting the allowable vapor pressure of these volatile chemical cars,” said Plattsburgh Mayor Colin Read.

“In the past 10 years, U.S. production of crude oil has nearly tripled—and most of it is now being shipped by rail.  The frequency of related deadly fires and explosions has also skyrocketed across the country,” said Kimberly Ong, Staff Attorney, Natural Resources Defense Council.  “Communities nationwide urgently need the Department of Transportation to put existing safety technology to use to limit crude oil vapor pressure and greatly reduce the likelihood of these dangerous incidents nationwide.  We applaud Attorney General Schneiderman and his colleagues for pushing for immediate action on this critical matter of public safety.”

“Until the state achieves its goal of 100% clean, renewable energy powered economy, an oil train tragedy in New York is sadly a matter of when, not if,” said Peter Iwanowicz, executive director of Environmental Advocates of New York. “The federal government should immediately act on Attorney General Schneiderman’s call for less volatile oil on the rails in our communities.  It could be a real life saver.”

This matter is being handled by Assistant Attorney General Mihir Desai, Environmental Scientist John Davis, and Policy Analyst Jeremy Magliaro under the supervision of Deputy Bureau Chiefs Lisa Burianek and Monica Wagner of the New York Attorney General’s Environmental Protection Bureau. The Environmental Protection Bureau is led by Lemuel M. Srolovic and is part of the Division of Social Justice, which is led by Executive Deputy Attorney General for Social Justice Alvin Bragg.

Crude By Rail, Derailment, DOT-117, Federal Railroad Administration, Federal Regulation (U.S.), Fire, Mosier OR, Pipeline and Hazardous Materials Safety Administration (PHMSA), State regulation, Train speed, U.S. Department of Transportation, Unit trains

Washington Republican asks USDOT to consider further crude-by-rail regulations

Repost from American Shipper

Lawmaker asks USDOT to consider further crude-by-rail regulations

Rep. Jaime Herrera Beutler, R-Wash., has requested the Department of Transportation study potential methods for reducing the combustibility of crude oil trains.
BY BEN MEYER |FRIDAY, SEPTEMBER 30, 2016

U.S. House Rep. Jaime Herrera Beutler, R-Wash., is urging the Department of Transportation (DOT) to consider further regulation of freight trains carrying crude oil.

Beutler earlier this week sent a letter to U.S. Transportation Secretary Anthony Foxx, Federal Railroad Administrator Sara Feinberg and Pipeline and Hazardous Materials Safety Administrator Marie Therese Dominguez asking DOT to study potential methods for reducing the combustibility of crude oil trains.

Specifically, Beutler asked DOT to consider whether interspersing oil tank cars with non-volatile commodities might make them less likely to catch fire in the event of a derailment.

Beutler’s letter was largely prompted by a growing number of destructive derailments involving crude oil trains in recent years, the largest of which claimed the lives of 47 people in Lac-Mégantic, Quebec in July 2013.

Back in June, a Union Pacific Corp. train carrying crude oil derailed near Mosier, Ore., about 68 miles east of Portland, causing some of the tank cars to burst into flames and spill oil into an adjacent section of the Columbia River. That train was en route from Eastport, Idaho to Tacoma, Wash. carrying crude oil from the Bakken formation, which is more flammable and dangerous than other types of crude oil.

“Although far less catastrophic than it could have been, the [Mosier] derailment highlighted the need for strong safety measures to address shipments of volatile and hazardous commodities through the Columbia River Gorge – whether related, or unrelated to oil shipments,” Beutler wrote in the letter. “Subsequently, I am writing to request information on dispersing tank cars carrying oil, or other hazardous materials, with non-volatile products throughout trains.”

She asked DOT to consider whether continuous blocks of oil tank cars increases the risks of combustion, potential benefits of requiring disbursement of cars carrying flammable materials throughout a train, and possible effects on combustibility of use of newer DOT-117 tank cars.

In addition, Beutler asked if federal regulators have studied speed limits reduction for oil trains as a way to mitigate the risk of combustion.

Washington state lawmakers last month adopted new regulations surrounding the transportation of crude oil by rail and pipeline that officially take effect Oct. 1. Developed by the Washington Department of Ecology at the request of the legislature, Chapter 173-185 WAC, Oil Movement by Rail and Pipeline Notification, established reporting standards for facilities receiving crude oil transported by rail and pipeline, and for the department to share information with emergency responders, local governments, tribes and the public.

On the federal level, DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Federal Railroad Administration, in August released final rules amending the federal hazardous materials regulations related to the transport of crude oil and ethanol by rail.

The rule changes, first introduced by DOT in May 2015 as required by the 2015 Fixing America’s Surface Transportation (FAST) Act, include an enhanced tank car standard and an “aggressive, risk-based” retrofitting schedule for older tank cars carrying crude oil and ethanol.

In addition, the rules require trains transporting large volumes of flammable liquids to use a new braking standard; employ new operational protocols such as routing requirements and speed restrictions; share information with local government agencies; and provide new sampling and testing requirements DOT said will “improve classification of energy products placed into transport.”

The Senate in May unanimously passed the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE) Act, which aims to provide additional training for first responders, specifically for handling freight train derailments that include hazardous materials such as crude oil.

Originally sponsored by Sen. Heidi Heitkamp, D-N.D., the legislation establishes a public-private council of emergency responders, federal agencies and industry stakeholders tasked with reviewing current training methods and prescribing best practices for first responders to Congress. The council will be co-chaired by the Federal Emergency Management Agency (FEMA) and PHMSA. Rep. Ron Kind, D-Wis., has introduced a companion bill to the RESPONSE Act in the House of Representatives.

“Currently, oil trains are traveling along the Columbia River Gorge, and my focus is on ensuring federal regulations are making these shipments as safely as possible,” Beutler said in a statement. “Long lines of oil cars are becoming a more familiar sight in our region, and if breaking them up into smaller blocks will better protect our citizens, the Columbia River and nearby forests, we should put a federal standard in place – quickly.”