Category Archives: Hazmat notification

Big Rail Cites Bin Laden, Al Qaeda to Fend Off Oil-by-Rail Route Transparency

Repost from DESMOGBLOG

Big Rail Cites Bin Laden, Al Qaeda to Fend Off Oil-by-Rail Route Transparency

2014-08-20, by Justin Mikulka and Steve Horn

While many states around the U.S. have released information to the public about the frequency and routes of trains carrying oil obtained from hydraulic fracturing (“fracking”) in North Dakota’s Bakken Shale basin, holdouts still remain.

Why the delay? Homeland security concerns, claim some companies.

In an ongoing Maryland court case over the issue of transparency for in-state oil-by-rail routes, a July 23 affidavit from Carl E. Carbaugh — director of infrastructure security for Norfolk Southern — goes into extensive detail about the supposed risk presented by terrorism attacks on “Bomb Trains.”

In so doing, Carbaugh mentions Al-Qaeda.

“The most recent edition of Inspire magazine, March 2014, the online, English-language propaganda publication of [Al-Qaeda in the Arabian Peninsula], presents a full-page collage depicting varied images…in order to construct an explosive device,” reads Carbaugh’s affidavit.

“Among these images are a derailed passenger train and a partly covered note paper listing cities in the [U.S.] as well as the terms ‘Dakota’ and ‘Train crude oil.’”

Carbaugh also cited Osama bin Laden, the late Al-Qaeda international ring-leader, in his affidavit.

“Among the materials seized in the May 1, 2011, raid on Osama bin Laden’s compound in Abbottabad, Pakistan, were notes indicating interest in ‘tipping’ or ‘toppling’ trains — that is causing their derailment,” Carbaugh wrote.

Osama Bin Laden Compound Diagram; Image Credit: Wikimedia Commons

Jay Apperson, director of communications for the Maryland Department of the Environment (MDE), told DeSmogBlog that no hearing date has been set yet for Norfolk Southern’s legal complaint nor the companion complaint filed by CSX Corporation.

In its lawsuit filed against the Maryland environment department, CSX deployed similar arguments.

Apperson says both lawsuits were redundant because “we reiterated [to both companies] that we would not release the documents under state open records law until the court challenge is resolved.”

MDE filed a response arguing such in July 25 legal motions issued to CSX and Norfolk Southern.

CSX, according to its website, does not even have any oil-by-rail lines running through Maryland.

Like Old Dominion, Like Garden State

Big Rail has used a similar approach in New Jersey, another state that has not yet publicly-disclosed oil-by-rail route information.

Lee Moore, a New Jersey Department of Law and Public Safety spokesman, explained why to The Record.

“Releasing all of the records, which include the rail lines on which Bakken crude oil is being transported, would pose a homeland security risk,” said Moore.

“Clocks and Windows”

William Larkin Jr., a Republican member of the New York Senate, believes the argument put forward in both Maryland and New Jersey is flawed on its face.

Photo Credit: Office of NY Sen. William J. Larkin, Jr. (R)

“I feel that both the U.S. Department of Transportation and a number of critics seemed to have missed the point, at least the larger point,” Larkin Jr. told the Poughkeepsie Journal on July 20. “[People] already know which rail lines oil companies are utilizing. Clocks and windows provide this information.”

As reported on DeSmogBlog, Big Rail has historically shored up exemptions from “right to know” laws and they have pushed hard to keep it that way.

Security Concerns: Holes in the Story

If the rail companies have serious concerns about terrorism threats to Bakken oil trains, their recent actions call such concerns into question.

Prior to the release of the new proposed oil-by-rail regulations, Big Rail lobbied against any regulations requiring the trains to be attended at all times. And they were successful, as this is not included in the proposed regulations.

Further, Burlington Northern Santa Fe (BNSF) — owned by Warren Buffet, a major campaign contributor to President Barack Obama — is currently in the midst of a stand-off against organized labor. The battle centers around BNSF’s push for single person train operation, trains driven by a one-man ‘crew’ rather than the traditional two member crews.

Warren Buffet (L), President Barack Obama (R); Photo Credit: Wikimedia Commons

Other ways experts have suggested to reduce risks of oil trains include lowering speed limits and stripping volatility of the oil prior to shipping via a process called stabilization.

However, prior to the release of the new proposed DOT regulations, the American Association of Railroads and the American Petroleum Institute both said two things should be off the table: train speeds and mandatory stabilization.

“Citizens for Rail Security”

Despite holes in its narrative about national security risks associated with disclosure of oil-by-rail routes, one measure some companies have taken is to create citizen volunteer security groups.

They appear to be modeled after the U.S. Department of Homeland Security’s “If you see something, say something” program.

Norfolk Southern has a website called “Protect the Line,” in which they ask citizens to “Join the Force.” And BNSF has “Citizens for Rail Security,” which declares, “Communities play a key role in ensuring America’s rail network remains safe from terrorism and criminal activity.”

Photo Credit: “Citizens for Rail Security” Website Screenshot

The contradiction is readily apparent: communities can volunteer to keep the railroads safe, but they are not allowed to get information from the railroads about what they are keeping their communities safe from in the first place.

TSA: Asleep at the Wheel

The Transportation Safety Administration (TSA) oversees and implements rail safety as it pertains to preventing terrorist threats and attacks.

However, records obtained via a recent Freedom of Information request by EnergyWire reveal TSA is asleep at the wheel in this sphere. Worse, it has been for years.

“[A] Freedom of Information Act request from EnergyWire revealed that the agency never followed through with regulations despite an August 2008 deadline,” explains the story. “That means TSA neither keeps railroads’ security plans on file nor reviews them in any standardized fashion.”

It all comes down to priorities. According to EnergyWire’s investigation, a major funding gap exists between security for surface transportation (like rail) and aviation security.

“TSA’s budget for fiscal 2012 set aside $5.25 billion for aviation security, while devoting $135 million to surface transportation security across all modes,” wrote EnergyWire.

When looked at on the whole, a sober reality arises.

That is, while Big Rail trumpets terrorism threat risks in the legal arena to skirt transparency, the industry has concurrently done little to halt the very terrorism threats it claims a desire to stop.

Photo Credit: Justin Mikulka | DeSmogBlog

 

Chicago Area Mayors Meet with Feds, Call For Improved Safety Measures For Oil Trains

Repost from CBS2 Chicago

Mayors Call For Improved Safety Measures For Oil Trains

August 20, 2014
Firefighters douse a blaze after a freight train loaded with oil derailed in Lac Megantic in Canada's Quebec province on July 6, 2013, sparking explosions that engulfed about 30 buildings in fire.  More than 40 people were killed as a result of the crash and fire. (Photo redit: François Laplante-Delagrave/AFP/Getty Images)
Firefighters douse a blaze after a freight train loaded with oil derailed in Lac Megantic in Canada’s Quebec province on July 6, 2013, sparking explosions that engulfed about 30 buildings in fire. More than 40 people were killed as a result of the crash and fire. (Photo redit: François Laplante-Delagrave/AFP/Getty Images)

CHICAGO (CBS) – Federal railroad officials got an earful Wednesday from the mayors of several Chicago area towns that have been affected by a growing number of increasingly long trains hauling crude oil and other volatile materials.

WBBM Newsradio’s John Cody reports the mayors expressed concerns about traffic congestion and public safety from freight trains that they said have been getting longer and more dangerous, due to larger amounts of flammable crude oil they haul in outdated tanker cars.

The mayors spoke directly to Federal Railroad Administrator Joe Szabo and Surface Transportation Board Chairman Dan Elliott III, at a meeting arranged by U.S. Sen. Dick Durbin.

The senator said approximately 25 percent of all freight train traffic travels through the Chicago area each day, including 40 trains hauling crude oil.

Barrington Village President Karen Darch said the village has seen a stark increase in the number of completely full freight trains hauling 100 or more carloads of crude oil or ethanol along the Elgin, Joliet and Eastern Railway.

“Before, half of the community didn’t even know where the EJ&E Line was. There were a couple of trains at night. Now, several times a day, traffic – all traffic – comes to a halt as the train passes through town, and these can be hundred-car trains,” she said.

quebec derailment 1 Mayors Call For Improved Safety Measures For Oil Trains

 

Darch and other Chicago area mayors said their constituents have been plagued by frequent traffic jams caused by long trains rolling through the area, and are constantly worried that a fire or worse could erupt on old tankers carrying volatile liquids.

They mayors expressed concerns about a repeat of a July 2013 freight train derailment in Quebec that killed 47 people and destroyed dozens of buildings when multiple tanker cars filled with crude oil caught fire and exploded.

Aurora Mayor Tom Weisner said safe passage is mandatory.

“About a third of the rail accidents that do occur are related to failures of the rail infrastructure itself, and so our position is basically twofold: one, improve the tank cars and get rid of the ones that aren’t safe; and second, make the rails safe.”

Durbin said the issue requires some time to address.

“I’ve talked to the tank car manufacturers, and they understand that they have two responsibilities: build a safer car, but in the meantime retrofit existing cars,” he said.

The senator said there is no way to immediately and completely ban older style oil tanker cars, but said federal railroad officials are aware of the danger they pose, and that they must be upgraded or replaced as soon as possible.

Darch urged federal authorities to institute increased safety controls and reduced speed limits for even small trains hauling crude oil.

“A huge concern for us is what about all the trains that come through that have 19 cars or less of hazmat,” she said.

Federal railroad officials said proposed federal regulations would require increased testing to keep crude oil out of older style tankers. Railroads also would be required to notify local officials when crude oil trains will roll through, and impose a 40 mph speed limit on such trains.

Merced Sun-Star editorial: Tell us when dangerous oil cars are rolling

Repost from The Merced Sun-Star

Our View: Tell us when dangerous oil cars are rolling

Editorial, August 15, 2014

Railroad tracks run up and down the valley like a spine, carrying everything from cans to cars, telephone poles to toothpicks. Many communities see 30, 40 or even 50 trains a day.  Some of those cars carry dangerous materials. Compressed gas and caustic chemicals move in black, cylindrical tank cars adorned with two markings – the red diamond with a flame and “DOT 111” stenciled on each car.

Not yet, but soon some of those rail cars will be hauling another dangerous material – crude oil extracted from the Bakken shale formation in North Dakota. While it is no more dangerous than many other chemicals, there’s likely to be a lot more of it on the rails that bisect our communities. The railroads and state must make certain that we are aware of these movements and have a plan for dealing with any emergency.

California’s Office of Emergency Services estimates shipments of Bakken crude will increase 25-fold by 2016 as 150 million barrels are sent to refineries in the Bay Area, Southern California and soon to two being readied in Bakersfield. That could mean thousands of tank cars a year moving through Modesto, Livingston, Merced and beyond. Mother Jones magazine calls it a “virtual pipeline.”

The Wall Street Journal reported Bakken crude contains higher amounts of butane, ethane and propane than other crude oils, making it too volatile for actual pipelines.

In July, 2013, a train carrying Bakken crude derailed and exploded in the small town of Lac-Megantic, Quebec, killing 47 people. Less dramatic derailments, some with fires, have occurred in North Dakota, Virginia and Illinois. The U.S. Department of Transportation reports 108 crude spills last year.

“When you look at the lines of travel from Canada and North Dakota, you figure if they’re headed for the Bay Area or to Bakersfield, the odds are that you’re going to see shipments going down the Valley,” said Assemblyman Roger Dickinson, who represents north Sacramento. So, he authored Assembly Bill 380, which would require the railroads to notify area first-responders whenever these trains are passing through.

Others are concerned, too. In July, the DOT issued proposed rules for safe transport, including increased cargo sampling, better route analysis, a 40 mph speed limit on trains labeled “high-hazard flammable,” and switching to newer, safer DOT 111 cars after Oct. 1, 2015. The new cars have double steel walls, better closures and heavier carriages. Currently, they make up about a third of the nation’s tanker fleet. California’s Office of Emergency Services has issued 12 recommendations, ranging from allowing better data collection to phasing out those old tank cars to better training for first-responders.

The railroads are already doing many of these things. Since the mid-1990s, BNSF has offered – at no charge – training for handling spilled hazardous materials and more extreme emergencies. But not enough local agencies have found the time to take the classes. A BNSF spokeswoman said the railroad would even come to town to conduct the training.

In May, the USDOT issued an emergency order in May requiring all carriers to inform first responders about crude oil moving through their towns and for the immediate development of plans to handle spills. Unfortunately, it contains a discomforting criteria: the order applies only to trains carrying 1 million gallons of Bakken crude, or roughly 35 tank cars. And to reach USDOT’s definition of a “high-hazard flammable train,” also requiring a warning, a train must have 20 tank cars.

Some perspective. In Virginia, one one tank car carrying Bakken crude exploded and flew an estimated 5,500 feet; a photograph of another explosion showed a fireball rising 700 feet from a single car. Our first responders ought to know when even one car carrying such material is coming through town. And that information must be shared beyond communities directly on rail lines because even our largest communities count on neighboring agencies to provide assistance during emergencies. When such cargo is moving, every emergency responder in the vicinity should be on alert.

Currently, the railroads share that information only if a local agency asks for it. That’s not good enough. Dickinson’s bill would make notification available on a real-time basis, without asking. But his bill mirrors federal orders on the size of the train; a dangerous loophole.

The incredible expansion of America’s oil resources is creating many positives – from more jobs to less dependence on foreign oil. But it’s happening so fast that we’re making up the safety aspects as we roll along. Federal rules don’t go nearly far enough to protect public safety in this new world.

Modesto Bee editorial: Tell us when dangerous oil cars are rolling

Repost from The Modesto Bee

Our View: Tell us when dangerous oil cars are rolling

August 9, 2014

Tank cars suitable for carrying Bakken crude oil sit on the BNSF railroad tracks that run through Escalon in May. The cars were empty, but left unattended for several days at a time. MIKE DUNBAR — mdunbar@modbee.com

Anyone who bothered to examine the 40 black, cylindrical railway tankers parked within 60 feet of a neighborhood in Escalon would have noticed a couple of markings. First was the red diamond-shaped placard with a flame on it; the other was the designation “DOT 111” in a grid stenciled on the tank.Those markings are what you find on tank cars used to carry the most dangerous liquids across America – including the volatile crude oil extracted from Bakken shale deposits in North Dakota.

A BNSF official said those unattended tank cars left on one of the double tracks in Escalon for a total of seven days over several weekends from April to June were empty. Unfortunately, no one in the community of 7,000 knew enough about them to bother to ask what was in them.

“I’m not aware of what was in those cars,” said Escalon Fire Chief Rick Mello, who commands a staff of nine full-time firefighters and a volunteer force of 16. Up to 50 trains go through Escalon each day, and BNSF never notifies Escalon about what is moving along its tracks – unless asked.

That must change, because it’s entirely likely we’ll see far more of those cars in the future. And they won’t always be empty.

California’s Office of Emergency Services estimates shipments of Bakken crude will increase 25-fold by 2016 as 150 million barrels move to California’s refineries in the Bay Area, Southern California and eventually Bakersfield. Since all Bakken crude moves by rail, that could mean another 225,000 tank cars a year moving through Roseville, Sacramento, Modesto, Merced and beyond. Mother Jones magazine calls it a “virtual pipeline.”

The Wall Street Journal reported Bakken crude contains higher amounts of butane, ethane and propane than other crudes, making it too volatile for most actual pipelines. Those gases have contributed to the deaths of 47 people in the town of Lac-Megantic in Canada, where a train carrying Bakken crude derailed in July 2013 and exploded. Less dramatic derailments, some with fires, have occurred in North Dakota, Virginia and Illinois. The U.S. Department of Transportation reports 108 crude spills last year.

“When you look at the lines of travel from Canada and North Dakota, you figure if they’re headed for the Bay Area or to Bakersfield, the odds are that you’re going to see shipments going down the Valley,” said Assemblyman Roger Dickinson, who represents north Sacramento. That’s why he authored Assembly Bill 380, which would require the railroads to notify area first-responders whenever these trains are passing through.

But the nation’s railroads are largely impervious to local concerns; they’re governed by the U.S. Department of Transportation and they’re powerful.

In July, the DOT issued proposed new rules for safe transport, including increased cargo sampling, better route analysis, a 40 mph speed limit on trains labeled “high-hazard flammable,” and switching to the new, safer DOT 111 cars after Oct. 1, 2015. The new cars have double steel walls, better closures and heavier carriages. Currently, they make up about a third of the nation’s tanker fleet.

California’s Office of Emergency Services has issued 12 recommendations, ranging from allowing better data collection to phasing out those old tank cars to better training for first-responders.

Laudably, the railroads are already doing most of these things. Since the mid-1990s, BNSF has offered – at no charge – training for handling spilled hazardous materials and dealing with emergencies. One of Escalon’s eight full-time firefighters was trained at virtually no cost to the city. BNSF said they would even do on-site training for departments. But not every fire department has taken the courses. A BNSF spokeswoman said Sacramento sent only one firefighter to the most recent three-day training on dealing with hazardous materials, including Bakken crude.

The federal DOT issued an emergency order in May to require all carriers to inform first responders about crude oil being shipped through their towns and for the immediate development of plans to handle oil spills. Unfortunately, it contains a discomforting criteria: the order applies only to trains carrying 1 million gallons of Bakken crude, or roughly 35 tank cars. And to reach DOT’s definition of a “high-hazard flammable train,” a train must have 20 tank cars.

But a Bakken explosion in Virginia blew one tank car an estimated 5,500 feet; a photograph of another explosion showed a fireball rising 700 feet from a single car. Our first responders ought to know when even one car carrying such material is coming through.

Dickinson’s bill would make notification available on a real-time basis, without having to ask. His goal, said Dickinson, is to “give first responders better information on how to respond. The techniques and materials used in dealing with different chemicals, or even different types of oil, vary widely. ‘I know I’m dealing with oil, but what kind of oil?’ My bill is aimed at getting better, more timely, more complete information to responding agencies.”

But his bill mirrors federal orders on the size of the train; our first responders need to know when any hazardous shipment is moving through.

The incredible expansion of America’s oil resources is creating many positives – from more jobs to less dependence on foreign oil. But it’s happening so fast that we’re devising the safety aspects as we roll along this virtual pipeline from North Dakota to California in the west and to New Jersey in the east. Accidents are happening along the way. Federal rules don’t go nearly far enough to protect public safety in this new world. Dickinson’s bill and the state OES recommendations would help, but we need a broader dialogue. As Dickinson said, “we know we’re going to have derailments, no matter how careful people try to be.”

That’s why first-responders such as Escalon’s Chief Mello must “prepare for anything, any day.” Knowing what’s coming gives us a head start.