Category Archives: Fire

Expert comments on new DOT rules – Dr. Fred Millar

Repost of an email from Fred Millar
[Editor:  Dr. Fred Millar is a policy analyst, researcher, educator, and consultant with more than three decades of experience assessing the risks associated with transporting hazardous materials.  More about Fred here on p. 3 of his Comment on Valero Benicia’s crude by rail proposal.  – RS]

NEW REGULATIONS: DOT Canada joint announcement  – Comments and notes

By Fred Millar, May 1 2015

Full Final Rule: http://www.dot.gov/sites/dot.gov/files/docs/final-rule-flammable-liquids-by-rail_0.pdf

1.      The US/Canada announcement of harmonized new safety regulations for trying to prevent Crude by Rail disasters falls far short of what is needed and yields another clear indicator of how industry lobbying weakens efforts for any significant and effective government regulation.

Senator Cantwell [D-WA] has bluntly stated: “This new DOT rule is just like saying let the oil trains roll. It does nothing to address explosive volatility, very little to reduce the threat of rail car punctures, and is too slow on the removal of the most dangerous cars. It’s more of a status quo rule than the real safety changes needed to protect the public and first responders.”

2.      Safety-minded DOT staffers have often in public forums and in regulatory documents pointedly highlighted important safety issues with High Hazard Flammable Trains [HHFT].   But DOT Secretary Foxx’s ongoing rollouts of painfully limited regulatory proposals keep coming even after the staff’s own public statements [e.g., by Karl Alexy] and their regulatory documents. For example, the July 2014 Draft Regulatory Impact Analysis clearly predicts an alarming level of expected ongoing derailment disasters, but this is apparently a level which industry considers an acceptable cost of doing business when the current basic industry practices are not significantly altered.

The most clearly disappointing aspects of the new Final Rule involve:

  • Train speed: these high allowed speed limits [which the railroads have already adopted voluntarily] would ensure ongoing derailment punctures of even the newer tank cars.
  • Routing: simply extending the existing ineffective and secret rail urban routing regime to HHFTs means railroads are free to keep our cities and sensitive environmental areas at high risk, and keeping the public in the dark about those risks.
  • Retrofit schedules extending in some cases ten years, to 2023.
  • Volatility – not addressed at all.

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Intense negotiations have occurred behind the scenes regarding what safety measures  industry and governments can agree are feasible and economically practical, e.g., regarding how short regulators can make a mandated deadline for costly safety retrofits of the approximately 100,000 existing inadequate tank cars in the mile-long High Hazard Flammable Trains.

3.   A previous rail car safety crisis illuminates the political nature of the regulatory decisions as to what safety measures will be considered feasible.   In the 1970s, US DOT at first ordered the manifestly unsafe pressurized tank cars [more robust than the DOT-111s ], carrying cargoes such as chlorine, ammonia and propane, to be retrofit with various upgrades within two to four years. When the tank cars kept exploding, however, with one 1977 blast in Waverly TN killing 16 ill-trained firefighters, DOT hastily shortened the mandated retrofits deadlines to one to two years.

4.   These long-overdue HHFT regulations that US DOT rolls out [nearly 2 full years after the Lac-Megantic Quebec tragedy with 47 dead] are designed to look vigorous, but will not deliver significant improvements in any of the most-needed safety measures to prevent ongoing disasters:

    • Volatility reduction – Obama already punted on this to 3 ND regulators, awash in oil money
    • Emergency response capabilities
    • Tank car design
    • Train Speed
    • Risk-reduction routing
    • Risk Information to the public – as NTSB has pointed out should be a key element in undergirding serious safety measures and emergency response planning

5.   The context here is notable: ongoing fireball disasters with Crude Oil Trains in Canada and the US, with the newest design of tank cars, the CPC-1232s, releasing their contents in several.

Even an eminently railroad-friendly commentator in the rail industry’s own Trains Magazine – Fred Frailey – is frustrated by railroads’ failure to decisively to prevent the spate of CBR disasters… He says the North American public is rightly alarmed by the massive crude oil trains as they see that “Railroads aren’t good at keeping them on the tracks.” [May 2015 issue]

Similar railcar disaster crises in the past alarmed the public and prompted Congress and regulators to beef up safety:

An excerpt:

Many tank cars that were built starting in the 1960s were designed to carry as much cargo as possible, which meant thin shells that could easily puncture or rupture in a derailment. While economical, the designs proved disastrous in a number of horrific incidents involving toxic and flammable gases.

The deaths of numerous railroad workers and emergency responders in the 1970s spurred regulators and the industry to improve the safety of the pressurized tank cars used to transport “all kinds of exotic materials that cause battlefield-like damage,” NTSB official Edward Slattery told The Associated Press in 1978.

Six weeks after 16 people were killed in Waverly, Tenn., including the town’s police and fire chiefs, when a tank car filled with propane exploded following a train derailment, the NTSB convened an emergency hearing in Washington. Nearly 50 witnesses testified, including mayors, emergency responders, railroad executives, private citizens and a young state attorney general from Arkansas named Bill Clinton.

“Every month in which unprotected tank cars ride the rails increases the chances of another catastrophic hazardous-materials accident,” said James King, then the NTSB’s chairman, in opening the hearing on April 4, 1978.

By the early 1980s, pressurized cars were equipped with puncture-resistant shields, fire-resistant thermal insulation and devices to help the cars stay coupled in derailments, reducing the risk that they could strike and puncture each other.

An industry study found that the retrofits made a big difference within six years. Punctures of the car’s heads – the round shields at each end of the car – fell by 94 percent. Punctures in the car’s shell – its cylindrical body – fell 67 percent. Ruptures due to fire exposure fell by 93 percent.

Additional changes in railroad operating practices, track maintenance and training for emergency response personnel reduced the frequency and severity of accidents.

The non-pressurized DOT-111A, however, was left mostly unaltered. Upgrades probably weren’t necessary when the cars were carrying benign products such as corn syrup or vegetable oils, but regulators also allowed the cars to transport flammable and corrosive materials.

In accident after accident over the next three decades, the NTSB repeatedly referred to the cars’ shortcomings.

“The inadequacy of the protection provided by DOT-111A tank cars for certain dangerous products has been evident for many years,” the NTSB wrote the Federal Railroad Administration in a letter dated July 1, 1991.

Read more here: http://www.mcclatchydc.com/2014/01/27/215650/railroad-tank-car-safety-woes.html#storylink=cpy

Derailed oil train’s crew told investigators they had seconds to escape

Repost from McClatchy Washington Bureau

Derailed oil train’s crew told investigators they had seconds to escape

By Curtis Tate, McClatchy Washington Bureau, April 27, 2015

The engineer and conductor on a BNSF oil train that derailed in North Dakota in December 2013 had seconds to escape their locomotive before it was engulfed by fire, according to interview transcripts made available Monday by federal accident investigators.

The interviews, conducted in January 2014 by the National Transportation Safety Board, show the occupational risks railroad workers face, especially with trains carrying hazardous materials. The train’s engineer is suing BNSF, and says the wreck left him with post-traumatic stress disorder.

They also show that emergency responders did not initially understand the severity of the situation they faced when two trains derailed near Casselton, N.D., on Dec. 30, 2013. One of them was carrying grain, and the other, crude oil from North Dakota’s Bakken region.

The train’s engineer, Bryan Thompson, told investigators that he had only seconds to react before the oil train, traveling 43 mph, hit a derailed grain car in its path.

He activated the emergency braking system, but he knew from nine years of experience that virtually nothing could stop the 13,335 tons of train behind him from going off the track. He told his conductor to hit the floor and brace for impact.

“I knew what was coming,” he told investigators, “and I honestly said a prayer. It was really quick.”

Thompson and the conductor, Pete Riepl, were not injured when the locomotive came to rest. But almost immediately, they noticed that the train was on fire, and they needed to get away. They couldn’t exit through the front of the locomotive: The impact with the overturned grain car had jammed the door.

Their only choice was to exit through the back of the locomotive, which forced them to go toward the rapidly encroaching fire.

“That’s the last place you want to go,” Thompson said, “ but it was our only escape.”

Riepl told investigators that the pair got about 200 yards away before they looked back and saw that their locomotive was engulfed in flames.

He also said that several minutes after the derailment, tank cars began exploding, in succession, one about every 10 minutes.

Thompson left his belongings in the locomotive cab, save for his coat _ it was about 20 degrees below zero that day _ and cellphone. He called 911. The dispatcher asked him if she needed to call the local fire department.

“I said, ‘you need to call every fire department,’” Thompson said he told the dispatcher.

The 911 dispatcher instructed Thompson to report to the incident command center established at a local high school. Once there, Thompson said he could hear over radio chatter that people were watching the train burn. In similar situations, authorities usually recommend a half-mile evacuation radius.

“I don’t think you understand what’s going on here,” he said he told a deputy sheriff. “You need to get those people away from there.”

Thompson asked the deputy if he knew about the deadly oil train derailment in Lac-Megantic, Quebec, which killed 47 people in July 2013. He told the deputy that his train was carrying the same kind of cargo: Bakken crude.

“And his eyes got big, you know,” Thompson said, “then he said ‘Code Red’ on his radio.”

Investigators release records of fiery Casselton derailment

Repost from News OK, Oklahoma City
[Editor:  See also the NTSB Press Release, which links to the Casselton Accident Docket (79 documents).  – RS]

Investigators release records of fiery Casselton derailment

April 27, 2015 at 8:46 pm

Federal investigators have released hundreds of pages of records that offer new insight into the moments just before and after a 2013 oil train derailment near Casselton, North Dakota, that created a massive fire and forced 1,400 people to evacuate for several days.

Interviews with the BNSF Railway workers operating the two trains in the derailment are included in documents the National Transportation Safety Board posted online Monday. Federal investigators also said in the documents that a broken train axle found after the derailment might have been prevented if BNSF railroad had inspected it more carefully and found a pre-existing flaw.

The broken axel wasn’t pinpointed as the cause of the crash, but the NTSB ordered the industry to recall 43 axles made by Standard Steel in the same 2002 batch.

Officials have said the accident happened when a westbound freight train derailed and a portion of it fell onto an adjacent track carrying the eastbound oil train. Eighteen cars on the 106-car oil train derailed and several exploded and burned.

In the records released Monday, the two men onboard the BNSF oil train describe losing sight of the tracks in a cloud of blowing snow shortly before seeing a derailed grain car lying across the tracks. Emergency brakes were applied, but the train was still moving 42 mph when it struck the car.

The 18 tank cars broke open and spilled 400,000 gallons of crude oil that fueled the fire that could be seen from nearly 10 miles away. It took several weeks to clean up the remaining oil from the site 30 miles west of Fargo after the flames were extinguished.

Everyone aboard both trains escaped unharmed. But just a couple minutes after conductor Pete Rigpl exited the oil train, he looked back to see flames engulf the locomotive he and Bryan Thompson had been in.

“I was exiting the cab then and started to get away from all the fire. It was — the heat was intense,” Rigpl said to investigators. “I mean, the whole situation just — I was in knee-deep snow. I couldn’t get away as quickly as I would like to.”

The two men called 911 and talked with BNSF dispatchers as they moved away from the growing fire consuming their cargo. Rigpl and Thompson told investigators they stressed the potential danger as they talked with emergency responders.

Railroad shipments of crude oil are facing additional scrutiny and tougher regulations because there have been several fiery derailments involving the commodity in recent years. The worst happened in July 2013 and killed 47 people in a small Canadian city just across the U.S.-Canada border from Maine.

Thompson, the oil train’s engineer, said that when he heard people were approaching the derailment to get a glimpse of the wreckage he urged a sheriff’s deputy to remove them because of the danger.

“I don’t think he grasped what was going on until I told him, I said do you know the story of the train in Canada? I said that’s the type of train I am,” Thompson said to the NTSB. “And his eyes got big, you know, then he said Code Red on his radio. I remember that.”

BNSF and the other major freight railroads have taken a number of steps to improve the safety of crude oil shipments, including reducing speeds in high-risk areas.

BNSF officials did not immediately respond Monday afternoon to a request for comment about the report.

Federal regulators are expected to release new standards for the tank cars that carry crude oil and new rules for railroad operations as soon as next month.

The number of carloads railroads hauled nationwide increased again last year to 493,126 from 407,761 in 2013. In 2008, before the oil boom took off in the Bakken region of North Dakota and Montana, as well as in Canada, railroads hauled just 9,500 carloads of crude oil.

BNSF, which is owned by Omaha-based Berkshire Hathaway Inc., hauls most of the oil produced in the Bakken region. It is based in Fort Worth, Texas.

“Bomb” Trains: Hope is not enough

Repost from the Pottstown Mercury

LETTERS: Safety of ‘bomb trains’ is public health priority

By Dr. Lewis Cuthbert, 04/25/15, 2:00 AM EDT

The Mercury article of Feb. 23, “We just have to hope that nothing happens” has profound implications to everyone in the Greater Philadelphia Region. We applaud the March 1 Mercury editorial conclusion, “Clearly, hope is not enough to maintain safety…”

So-called “bomb trains” containing up to 3 million gallons of explosive, flammable, hazardous crude oil travel right through Pottstown and the Limerick Nuclear Plant Site. A derailment, explosion and days-long fire ball near Limerick’s reactors and deadly fuel pools could trigger simultaneous meltdowns with catastrophic radioactive releases. Millions of Greater Philadelphia Region residents could lose everything forever.

Days of thick black smoke from a crude oil fire could be devastating. Even Occidental Chemical’s large vinyl chloride accidents (seven-tenths of a mile from Limerick) caused problems at Limerick, according to employees, some of whom are very worried about crude oil train derailments.

Risks are increasing. Emergency responders are smart to be concerned. They shouldn’t be expected to be on the front lines of such devastating uncontrollable disasters.

Train derailment disasters should be anticipated. Sixty-five tank cars bound for Philadelphia had loose, leaking, or missing safety components to prevent flammable, hazardous contents from escaping (Hazmat report – last two years). A fuel-oil train already derailed a few miles from Philadelphia.

Heat from the rupture and ignition of one 30,000-gallon car can set off a chain reaction, causing other cars to explode, releasing a days-long fireball. Basically, responders must let it burn out.

Over 100 railcars, estimated to hold three million gallons, regularly sit on tracks from the Dollar General in Stowe to Montgomery County Community College.

ProPublica data from the federal Pipeline and Hazardous Materials Safety Administration (2011-2014) shows incidents in over 250 municipalities. The worst of eight major crude oil train accidents include:

  • A train derailment and explosion killed 47 and destroyed 30 buildings in Quebec.
  • 2,300 residents were evacuated in North Dakota. The fireball was observed states away.

Safer trains aren’t the answer. A new safer-design derailed February 2015 in West Virginia, despite adhering to the speed limit. Hundreds of families had to flee their homes in frigid weather. Burning continued for days. Drinking water and electricity were lost. Leaking crude oil poisoned the water supply. Fireballs erupted from crumbled tank cars, underscoring volatility of crude oil’s propane, butane, etc.

Safe evacuation from our densely populated region is an illusion. Limerick Nuclear Plant’s evacuation plan is unworkable and unrealistic, not robust as claimed by a health official. Just consider work hour traffic combined with deteriorated roads and bridges. We encourage officials to visit www.acereport.org to view ACE’s 2012 video-blog series on the reality of Limerick’s evacuation plan. For a graphic presentation call (610) 326-2387.

Who pays to deal with irreversible devastation from train derailments and meltdowns? Clearly, not the oil industry, nuclear industry, railroad or government. We’d be on our own, despite:

  1. Long-term ecological damage that would leave ghost towns that can’t be cleaned up safely.
  2. Risking the vital drinking water resource for almost two million people (Pottstown to Philadelphia).
  3. Millions of people losing their homes, businesses and health.

Richard Lengel, Pottstown’s Fire Chief, admitted, “If something catastrophic happens, there’s no municipality along the railroad that can handle it, the volume [crude oil] is too great. We just have to hope that nothing happens, honestly.”

Hope is no solution! Neither is denying the reality of our unacceptable devastating risks.

The catastrophic disasters we face can, and must, be prevented with foresight and political will to face the facts and take action. Enough of corporate profits jeopardizing public safety.

Wake up! Speak up! Tell local, state and federal elected officials to stop this insanity!

Say no to dangerous crude oil trains traveling through our communities and the Limerick site.

Say no to continued Limerick Nuclear Plant operations to avoid meltdowns that can be triggered by cyber/terrorist attacks, embrittled/cracking reactors, earthquakes and now oil-train explosions/fires.

— Dr. Lewis Cuthbert
ACE President