Category Archives: Hazardous cargo transparency

Bakken Crude, BNSF Railway, CSX, Hazardous cargo transparency, Union Pacific Railroad

U.S. railroads demand states keep oil shipment details secret

Repost from CBC News, Canada

U.S. railroads demand states keep oil shipment details secret

Some states refuse to comply with requests

The Associated Press Posted: Jun 06, 2014
Damaged rail cars in Casselton, N.D. from a train that derailed on Dec. 30, 2013. States and railroads are wrestling over whether oil shipment information can be disclosed.
Damaged rail cars in Casselton, N.D. from a train that derailed on Dec. 30, 2013. States and railroads are wrestling over whether oil shipment information can be disclosed. (Associated Press)

U.S. railroads forced to turn over details of their volatile crude oil shipments are asking states to sign agreements not to disclose the information. But some states are refusing, saying Thursday that the information shouldn’t be kept from the public.

Federal officials last month ordered railroads to make the disclosures after a string of fiery tank-car accidents in North Dakota, Alabama, Virginia and Quebec, where 47 people died when a runaway oil train exploded in the town of Lac-Mégantic.

‘If the states do not provide those signed confidentiality agreements, we will not be able to provide subsequent updated information’– spokesman for CSX railroad

The disclosures due Saturday at midnight include route details, volumes of oil carried and emergency-response information for trains hauling one million gallons or more of crude. That’s the equivalent of 35 tank cars.

BNSF, Union Pacific and CSX are seeking agreements that the information won’t be publicly shared. They said the information is security sensitive and releasing it could put them at a competitive disadvantage.

States say communities need to know

State emergency officials said communities need to know about the trains, and the proposed agreements would violate open-records laws.

“Our state statutes prohibit us from signing,” said Lori Getter with Wisconsin Emergency Management. “It will help the responders to make sure they are fully prepared and trained to respond to a potential incident. But it’s also good to let the community know.”

In addition to Wisconsin, Montana, Illinois, North Dakota, Idaho and Washington state also have declined so far to sign the agreements, according to state emergency officials. Other states have said they intend to meet the railroads’ requests.

In Colorado, South Dakota, Iowa and Oregon, the confidentiality proposals are under review by attorneys and no decision has been made, officials said. Officials in Virginia said they intend to make the information public.

U.S. crude oil shipments topped 110,000 carloads in the first quarter of 2014. That’s an estimated 3.2 billion gallons of crude and the highest volume ever moved by rail, the Association of American Railroads said Thursday. It’s spurred by booming production in the Northern Plains.

Volatile Bakken oil

The May 7 federal order covered oil shipments by rail from the Bakken region of North Dakota, Montana and parts of Canada. The Bakken produces a light, sweet crude that is highly volatile and contains more flammable gases than heavier oils such as from the oilsands region of Canada.

Federal officials have said sharing information on Bakken shipments is crucial for local firefighters and other emergency responders to be prepared for accidents.

Railroads that fail to comply face penalties of $175,000 per day and a prohibition against moving Bakken oil. But officials indicated Thursday that there will be flexibility in how the rules are enforced.

“Although we will aggressively monitor compliance, we will also consider extenuating circumstances as railroads work with states to ensure information about the shipment of crude oil is appropriately provided,” said Federal Railroad Administration Associate Administrator Kevin Thompson.

CSX spokesman Gary Sease said the company is providing the information now and asking that the confidentiality agreements be returned with 30 days.

“If the states do not provide those signed confidentiality agreements, we will not be able to provide subsequent updated information,” Sease said. The agreements are necessary “for security reasons and for competitive reasons,” he said.

Union Pacific also was providing the information to at least some states, but officials from several states said BNSF so far has not. A BNSF spokeswoman did not immediately answer whether the railroad planned to hold back the information after Saturday’s deadline.

Louisiana and New Jersey officials said they do not intend to release the information they receive. Louisiana State Police Capt. Doug Cain said there would be security concerns associated with releasing the routes, although the state plans to make sure local officials have the information.

Crude By Rail, DOT-111, Hazardous cargo transparency, Rail industry, Rail routing, State regulation, U.S. Department of Transportation

US DOT and railroads want to circumvent Washington State’s Public Records Act

Repost from The Seattle Post Intelligencer (seattlepi.com)

Should shipments of oil by rail be kept secret from the public?

Posted on June 4, 2014 | By Joel Connelly
In this image made available by the City of Lynchburg, several CSX tanker cars carrying crude oil in flames after derailing in downtown Lynchburg, Va., Wednesday, April 30, 2014. (AP Photo/City of Lynchburg, LuAnn Hunt)Several CSX tanker cars carrying crude oil erupt in  flames after derailing in downtown Lynchburg, Va., on April 30.  It was the latest in a series of oil train accidents.  Nobody was killed, but much of downtown Lynchburg was evacuated.  (AP Photo/City of Lynchburg, LuAnn Hunt)

The nation’s railroads were told last week by the U.S. Department of Transportation that they must notify state emergency management officials about the volume, frequency and county-by-county routes used in cross country shipment of volatile North Dakota crude oil.

But a hitch has developed in Washington, where refineries at Anacortes and Cherry Point north of Bellingham are increasingly relying on oil by rail.

In its order, the Department of Transportation, siding with the railroads, said the information ought to be kept secret from the public.

The DOT told state emergency preparedness agencies to “treat this data as confidential, providing it only to those with a need to know and with the understanding that recipients of the data will continue to treat it as confidential.”

The BNSF and Union Pacific Railroads have sent the state drafts of confidentiality agreements that would restrict access to what the shippers call “security sensitive information.”

In this Aug. 8, 2012 photo, a DOT-111 rail tanker passes through Council Bluffs, Iowa. DOT-111 rail cars being used to ship crude oil from North Dakota's Bakken region are an "unacceptable public risk," and even cars voluntarily upgraded by the industry may not be sufficient, a member of the National Transportation Safety Board said Wednesday, Feb. 16, 2014. The cars were involved in derailments of oil trains in Casselton, N.D., and Lac-Megantic, Quebec, just across the U.S. border, NTSB member Robert Sumwalt said at a House Transportation subcommittee hearing. (AP Photo/Nati Harnik, File)
A DOT-111 rail tanker passes through Council Bluffs, Iowa. DOT-111 rail cars being used to ship crude oil from North Dakota’s Bakken region are an “unacceptable public risk,” and even cars voluntarily upgraded by the industry may not be sufficient, a member of the National Transportation Safety Board told Congress in February. The cars were involved in derailments of oil trains in Casselton, N.D., and Lac-Megantic, Quebec, just across the U.S. border. (AP Photo/Nati Harnik, File)

On Wednesday, however, spokesman Mark Stewart of state Emergency Response Commission told the Associated Press that the railroads’ request conflicts with one of Washington pioneering open government laws.

The confidentiality agreements “require us to withhold the information in a manner that’s not consistent with the Public Records Act,” Stewart told the AP.

The US DOT order came in the wake of a series of oil train fires, most recently train cars catching fire in Lynchburg, Virginia and dumping “product” into the James River.

This follows a deadly runaway trail explosion last year that leveled the downtown of Lac-Megantic, Quebec, and killed 47 people, as well as an explosion and fire near Casselton, North Dakota.

Lawmakers, notably Sen. Maria Cantwell, D-Washington, have pressed the Transportation Department to speed implementation of new safety rules that would require phaseout of 1960′s-vintage, explosion vulnerable DOT 111 tank cars.

The Tesoro Refinery in Anacortes accepted its first trainload of oil in September of 2012. The shipments have soared, with 17 million barrels of oil coming into the state by rail in 2013.  Trains carry as many as 50,000 barrels of crude oil to the Tesoro refinery.

And Tesoro wants to build a $100 million rail-to-barge terminal in the Port of Vancouver on the Columbia River. It would be the largest such terminal in the Northwest, capable of receiving 380,000 barrels of oil a day. The Vancouver City Council voted earlier this week to oppose the project.

Shell Anacortes is in the process of creating a facility that would take 100-car oil trains.  The BP Refinery at Cherry Point is also receiving oil by rail.

All told, according to a Sightline Institute study, 11 refineries and ports in Washington and Oregon are either receiving oil by rail, or have projects underway to receive rail shipments of oil.

The shipments head by rail through cities in both Eastern and Western Washington.

The railroads have been highly secretive about their operations.  They are regulated by the federal government under the Interstate Commerce Act, leaving cities and local governments with almost no rights to request information or limit operations.

The BNSF has promised to purchase 5,000 newer, safer tank cars, and Tesoro has pledged to phase out use of the DOT-111 cars this year.

Bakken Crude, Explosion, Hazardous cargo transparency, Hazmat notification, Rail accidents, Risk Assessment

Setting the record straight on the oil industry studies of Bakken crude by rail

Repost from Reuters

Industry tests of oil train dangers need scrutiny, U.S. officials say

By Patrick Rucker  |  WASHINGTON, June 2, 2014

(Reuters) – Oil industry studies concluding that Bakken crude oil is safe to move by rail under existing standards may underestimate the dangers of the fuel and should not be the last word, U.S. lawmakers and industry officials said on Monday.

In the past year, several doomed oil trains originated from North Dakota’s Bakken region, including a shipment that jumped the tracks and burst into flames in Lynchburg, Virginia, on April 30. Last July, a fiery derailment destroyed the center of the village of Lac-Megantic, Quebec, killing 47 people.

Two industry-funded studies conclude Bakken fuel is rightly classed as a flammable liquid that can safely move in standard tank cars. The cargo is nothing akin to flammable gasses like propane that must move in costlier, heavier vessels, the oil industry has said.

But the industry findings hinge on incomplete and out-of-date methods for determining vapor pressure, an important indicator of volatility, that may miss the true dangers of Bakken fuel, according to several industry officials.

Lawmakers say they expect regulators to scrutinize the industry’s findings.

“These studies should be taken with a grain of salt,” said Senator Charles Schumer, Democrat of New York, a state that is a major pass-through point for Bakken fuel.

One study released May 20 by the North Dakota Petroleum Council (NDPC) collected samples with open bottles rather than a precision instrument, known as a floating piston cylinder, that is being adopted by the industry.

Gas can escape with bottle sampling and such tests are unreliable, said the Canadian Crude Quality Technical Association, a trade group.

“We would consider the data suspect,” the group said.

ASTM, an international standard-setting body, last month deemed the floating piston cylinder the right tool for Bakken fuel samples. Open bottle samples can skew vapor pressure nearly 10 percent lower, according to research from Ametek, which manufactures testing equipment.

Industry officials say that any underestimation of vapor pressure would be negligible.

Vapor pressure results did not exceed 15 pounds per square inch (psi) in the NDPC report.

A separate study by the American Fuel and Petrochemical Manufacturers (AFPM) returned readings below 17 psi.

The threshold pressure for flammable gas is 43 psi under those same conditions.

Rich Moskowitz, general counsel for the AFPM, the refining industry trade group, said its report “clearly found that Bakken crude oil is properly transported as a flammable liquid. That’s the bottom line.”

Industry officials note that the U.S. Department of Transportation has not issued any of its own findings on Bakken fuel despite collecting samples since the summer.

The issue will likely be raised on Tuesday at a panel of the Senate Commerce Committee which will feature testimony from railroad regulators, among others.

“It is my hope that any private data collection and studies on this issue will be highly scrutinized,” said Senator Cory Booker, Democrat of New Jersey, who sits on the panel.

(Reporting by Patrick Rucker; Editing by Grant McCool)
Bakken Crude, Crude By Rail, Derailment, DOT-111, Federal Regulation (U.S.), Hazardous cargo transparency, Oil Industry, Public Safety, Rail industry

Washington State: federal emergency order not enough

Repost from Seattle Weekly News

Emergency Order Requires Railroads to Report Bakken Oil, but Is It Enough?

By Jerry Cornfield Thu., May 29 2014

By the end of next week, Washington will learn how often tank cars of oil siphoned from North Dakota’s Bakken Shale are getting shipped by rail through the state.

 A modern tank car. Photo by Harvey Henkelmann

An emergency order from the U.S. Transportation Department requires railroads to tell the state how many trains carrying this highly flammable varietal of black gold are expected to travel through Washington each week, and on which routes.

Railroads are not required to reveal exactly what days and times the trains are coming or how much crude oil is getting transported.

Community leaders, emergency responders and some politicians say that’s the information they really need to be prepared for a derailment, spill or other type of accident.

They’re aware of oil train derailments in Virginia in April, in Alabama in November; and in Quebec last July, where 47 people died.

They know the chances of an accident are increasing as rail shipments of all types of crude oil multiply in Washington. The state Department of Ecology estimates it went from zero barrels in 2011 to nearly 17 million barrels—roughly 714 million gallons—in 2013.

But rather than criticize the order as inadequate, these leaders cite the federal action as a step forward.

“We’re all kind of worried about (Bakken crude) because it is much more flammable than regular crude oil. We have been asking for more information,” said Brad Reading, assistant chief of Snohomish County Fire District 1 and chairman of the countywide Special Operations Policy Board which handles planning for hazardous materials incidents. “This is certainly a step forward.”

Marysville Mayor Jon Nehring said he understood the federal change “wasn’t overwhelming” in its scope when it was announced in early May

“From the perspective of public safety, the greater the detail the better, so any movement in that direction is good,” he said.

The rules, which kick in June 6 and apply to all 50 states, cover only shipments of at least 1 million gallons of Bakken crude. That sounds like a lot, except when you consider that one tank car holds about 30,000 gallons of crude oil, and oil trains commonly have 100 or more cars hitched together.

Railroads must give the State Emergency Response Commission an estimate of how many trains will run through each county each week. The commission will notify the counties.

After railroads provide the information next week, they won’t need to contact the state again unless the number of trains carrying Bakken oil increases or decreases by 25 percent or more.

Refiners and railroads aren’t enamored with the notification directive. They worry it could increase the risk of sabotage and encourage daring activists to try to block trains through protests.

They’d prefer not to see the information publicized. State emergency management officials plan to post it online but on Tuesday were checking to find out if they are barred from doing so.

And the federal rules don’t deal with the safety of the rail cars in which the Bakken is shipped. That’s a separate conversation going on in Washington, D.C. where the Obama Administration and lawmakers on both sides of the aisle are likely to impose tougher standards for rail car construction.

Sen. Doug Ericksen, R-Ferndale, chairman of the Senate Energy, Environment & Telecommunications committee, said the new notification rule is “a piece of the puzzle” but tank car safety is critically important and needs addressing sooner than later.

He’s planning to hold a public hearing on oil trains June 17 in Spokane.

“State lawmakers must continue to pressure the federal government to take stronger action,” he said when the order came out May 7. “It is what communities throughout Washington deserve and what we didn’t get from our federal leaders today.”

Political reporter Jerry Cornfield’s blog, The Petri Dish, runs regularly at www.heraldnet.com .