Category Archives: Insurance and liability

Bakken Crude, Crude By Rail, Derailment, DOT-111, Emergency Readiness & Response, Evacuation zone, Explosion, Federal Regulation (U.S.), First responder training, Insurance and liability, Let it burn, Oil stabilization, Rail routing, Tank car retirement, Volatility, Worst case scenario

From Washington state to D.C., fears of oil train risks on rise

Repost from The Missoulian
[Editor:  An interesting summary of recent developments on crude by rail safety.  – RS]

From Washington state to D.C., fears of oil train risks on rise

By Kim Briggeman, March 28, 2015 6:00 pm
Illinois oil train derailment involved safer tank cars
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, Jessica Reilly)

Exploding oil trains are a hot topic in the United States and Canada, spurred by a recent spate of accidents and a prediction by the U.S. Department of Transportation last year that there are many more to come – 10 a year over the next two decades.

The oil boom in North Dakota and insufficient pipeline capacity have put a record number of cars hauling crude on the tracks, each capable of carrying more than 30,000 gallons of highly combustible oil when fully loaded. For a 100-car train that’s 3 million gallons.

A sampling of recent developments:

• An association of Washington Fire Chiefs requested Burlington Northern Santa Fe Railway provide worst-case scenarios for potential crude oil train emergencies in selected areas of the state. They also want to see evidence of the levels of catastrophic insurance the railroad has purchased; comprehensive emergency response plans for specific locations in the state; and route analysis documentation and route selection results.

“Normally, we would be able to assess the hazard through right-to-know and other public documents,” a letter to BNSF said. “However, your industry has sought and gained exemptions to these sunshine laws. This exemption does not mean that your industry is exempt from taking reasonable steps to ensure catastrophic incidents do not occur.”

• Seattle vendors and former Mayor Mike McGinn joined forces at a news conference March 20 to highlight the potential destruction from an explosive oil train accident under Pike Place Market. The BNSF tunnel that runs under downtown Seattle passes under a corner of the market. An accident threatens the safety of 10 million annual visitors and the iconic market itself, the vendors said.

BNSF said it’s going to great lengths to make the tunnel safer, including spending $10 million in recent years to replace the tracks.

McGinn called the railway’s assurances “absolutely not sufficient for safety.”

• Four Democratic senators introduced an act Wednesday that would immediately bar the use of older, riskier tankers and set standards for volatility of gases in tank cars so they don’t explode as easily. The Crude-By-Rule Safety Act would set standards for new tankers that require thicker shells, thermal protection and pressure relief valves.

“Every new derailment increases the urgency with which we need to act,” U.S. Sen. Maria Cantwell, D-Wash., said. “Communities in Washington state and across the nation see hundreds of these oil tank cars pass through each week. This legislation will help reduce the risk of explosion in accidents, take unsafe tank cars off the tracks, and ensure first responders have the equipment they need.”

• The American Petroleum Institute and the Association of American Railroads announced at a teleconference Wednesday they will jointly fund additional training for local first responders along railroad tracks to deal with crude shipment accidents.

There are initial plans for sessions in 15 states, beginning this weekend in Nebraska and Florida. The AAR last year dedicated more than $5 million to training at its Security and Emergency Response Training Center near Pueblo, Colorado.

• Noting that a fiery oil train wreck in downtown Spokane could lead to the evacuation of 20,000 people, city officials requested and on Thursday were granted a seat at the table in discussions to open an oil terminal in Vancouver, Washington.

BNSF supports the terminal and said it’s “more than prepared” to handle the increased loads through northern Montana, Idaho and Washington.

“Our northern route is perfectly positioned geographically as we run through the Bakken region and to the Northwest destination points,” BNSF spokesman Gus Melonas told the Spokesman-Review’s Nicholas Deshais in early March.

Jerry White, leader of the Spokane Riverkeeper, was not convinced. He referred to the fiery Feb. 16 of a BNSF train in West Virginia.

“When I was watching that disaster, something struck me,” White told Deshais. “The fire chief in that little town said they were just backing off and letting that oil burn. I projected that onto Spokane. Can you imagine this happening in the downtown corridor and the fire crews saying the only thing we can do is back off and let them burn?”

• A state official warned Minnesotans living along tracks carrying North Dakota crude oil to prepare themselves for an emergency.

“People need to take some personal awareness of what’s around them,” Kevin Reed of the Minnesota Homeland Security and Emergency Management Division told Don Davis of the Forum News Service. “How do I get out of the way before the fire department gets here?”

Last week, the Minnesota Department of Transportation reported that 326,170 Minnesotans live within half a mile of railroad tracks with trains carrying Bakken oil. A state report indicated an average of 6.3 oil trains a day cross Minnesota.

Gov. Mark Dayton said those numbers highlight the need for safety improvements on the railroads.

“It just underscores the risk factor and why it’s imperative that we do everything we possibly can to prevent these derailments and the catastrophes that can result from them,” Dayton said.

• The U.S. Department of Energy is studying crude volatility and whether it should be treated to remove dissolved gases before transport, an official testified Wednesday at a House Appropriations subcommittee budget hearing.

Rep. Mike Quigley, D-Ill., asked why the more volatile crude transported from the Bakken couldn’t be stabilized before being loaded into tank cars in the same way crude from Texas is stabilized.

Timothy Butters, acting administrator of the Pipeline and Hazardous Materials Safety Administration, said that’s what the study seeks to determine. Results should be in by fall.

Cleanup funding, Crude By Rail, Derailment, Emergency Readiness & Response, Explosion, Fire, Insurance and liability, Spill prevention and response, State regulation

Green Groups press New York state for $100 million Oil Spill Fund

Repost from the Press-Republican, Plattsburgh NY

Green Groups press for $100 million state Oil Spill Fund

Claim $40M proposed in state budget won’t cover cost of derailments

By Kim Smith Dedam, March 23, 2015

ELIZABETHTOWN — Environmental groups are pushing state lawmakers to bulk up the state’s Oil Spill Fund.

They see a need for $100 million set aside, not $40 million as is currently proposed in the executive and legislative budgets.

And they have asked Gov. Andrew Cuomo and legislators to leave the money within the purview of the State Comptroller’s Office and not move the fund to State Department of Environmental Conservation coffers.

“This is a backup fund, mainly because in other cases, where a spill has led to significant cleanup costs, some companies go out of business, including the company whose accident resulted in the explosion at Lac-Megantic in Quebec,” Adirondack Council spokesman John Sheehan said in an interview this week.

“At that point, there is little the state can do to get the money from the company other than to go to court.”

‘DOESN’T TAKE MUCH’

Total liabilities for the Lac-Mégantic, Quebec, rail disaster in July 2013 could easily reach $2.7 billion over the next decade, the coalition said in a news release.

The Adirondack Council joined forces with Environmental Advocates, the Sierra Club and Riverkeeper to press the Oil Spill Fund issue.

“Typically, the requirement for (accident) insurance has not been high enough to cover the cost of an accident that could take place as the result of an explosion,” Sheehan told the Press-Republican.

“And it doesn’t take much oil to contaminate thousands of gallons of water, especially when we’re talking about a drinking water supply for 188,000 people, which Lake Champlain is.”

The Canadian Pacific Railroad line runs the entire length of Lake Champlain’s western shore, and oil train trips have increased in recent months.

Many places where oil cars have spilled and exploded sustained permanent environmental damage, Sheehan said.

$60 MILLION MORE

The coalition is not trying to force funding contributions from oil transport companies or the railroads to bolster state Oil Spill Funds.

They do believe lawmakers in Albany are on the right track in looking to increase funding for next year.

“However, the $15 million increase to $40 million proposed by (Cuomo) and Assembly budgets could and should be increased.

“In today’s dollars, the $25 million fund created in 1977 would be a $96.4 million fund today,” the coalition said in a news release.

“Thus, we urge that the fund cap be increased to $100 million to bring it back to parity with the monetary protection it afforded nearly four decades ago.”

They also charge that the Oil Spill Fund should be indexed to keep pace with inflation.

10 WRECKS YEARLY

“Federal regulators have told us to expect at least 10 major derailments of crude oil trains a year. There have already been four in the last three weeks,” Kate Hudson, Riverkeeper’s Special Projects director, said in a news release.

“It’s no longer a matter of if, but when, a catastrophe will happen in a New York community. If we are without a robust spill fund, New York citizens could be left to shoulder the cost of the cleanup and damages, just as the citizens of Canada were a year and a half ago.”

SEPARATE ACCOUNTS

Environmental advocates also asked Albany to fund emergency response separately from oil spill response and environmental cleanup.

“We welcome proposed funding for emergency response equipment, supplies and training for state and local emergency services personnel,” the coalition said in a news release.

“We strongly support the Assembly’s proposed legislation, which would keep that funding separate from the account that pays for remediation costs, as well as the damages associated with loss of life and property damage and economic losses suffered by individuals and businesses in the event of a spill.”

If response and spill monies are kept in a joint account, they contend, emergency cleanup costs could deplete the response fund, leaving the state without resources to remediate a spill.

‘TREMENDOUS RISK’

Roger Downs, conservation director for the Sierra Club’s Atlantic Chapter, said New Yorkers assume “tremendous risk and little economic benefit” from the millions of gallons of explosive crude oil that “rumble through our cities and along our precious waterways every day.”

Inaction on the part of the federal government to adequately address the risks or improve oil-tank-car safety should not prevent state lawmakers from building the most robust spill fund possible, he said.

The joint call for heightened oil-spill resources came within a day of the release of reports from state inspections done at railroad yards in Albany and Buffalo.

State inspectors found 93 defects in tracks and crude oil cars, including seven critical safety defects that had to be fixed before cars could continue operation.

Inspections were done on tankers at a CSX rail yard in Buffalo and at the Canadian Pacific yard in Albany.

Air Quality, Bakken Crude, California Energy Commission, Crude By Rail, Derailment, Emergency Readiness & Response, Explosion, Federal Regulation (U.S.), Insurance and liability, Moratorium on oil trains, Rail inspection, Risk Assessment, Tank car design

Concerns of communities heard at meeting of the Cal Energy Commission in Crockett CA

Repost from The Contra Costa Times

Contra Costa residents pushing for more information on crude by rail

By Karina Ioffee, Bay Area News Group,  03/27/2015 05:22:01 PM PDT

CROCKETT — With plans in the works to transport crude oil by rail through Contra Costa County cities to a Central California refinery, local residents say they want assurances that state and federal agencies are doing everything they can to keep them safe.

Less than 1 percent of crude that California refineries received in 2014 came by rail, but the negative perception of transporting oil by train has grown sharply because of highly publicized accidents. A derailment in Quebec in 2013 killed 47 people and destroyed parts of a town; another in West Virginia contaminated local water sources and forced the evacuation of hundreds of residents.

Tanker cars sit on railroad tracks near the Shell Refinery in Martinez on May 6, 2013.
Tanker cars sit on railroad tracks near the Shell Refinery in Martinez on May 6, 2013. (Kristopher Skinner/Bay Area News Group)

If the Phillips 66 plans are approved, an estimated five trains a week, each hauling 80 tank cars, could travel through Contra Costa cities, then Berkeley, Oakland and San Jose along the Amtrak Capitol Corridor, before arriving at the refinery in Santa Maria.

At a community meeting here Thursday, residents peppered a representative from the California Energy Commission about what kind of emergency plans were in place should a train derail and explode, what timelines the federal government had for new and improved tanker cars, and whether railroad companies have enough insurance in case of a catastrophic event.

Many came away unsatisfied with what they heard, saying they were terrified by the prospect of rail cars filled with Bakken crude from North Dakota, which is lighter and more combustible than most types of petroleum.

“The oil companies are getting all the benefits and the communities who live near them are taking all the risk,” said Nancy Rieser, who lives in Crockett and is a member of Crockett-Rodeo United to Defend the Environment, a community organization.

Her group is pushing the railroad industry to release its risk-assessment information, required for insurance purposes, to better understand what kind of plans companies have in an event of an emergency and whether their insurance policies would cover a large incident. Railroad companies have so far declined to release the information.

“You need to have hospitals at the ready, you need to have first responders, so if you keep it a secret, it’s as if the plan didn’t exist,” Rieser said. “You can’t be coy with the communities.”

Regulations about rail safety are written and enforced by the Federal Railroad Administration, and the California Public Utilities Commission focuses on enforcement in the state, employing inspectors to make sure railroads comply with the law. There is also an alphabet soup of state agencies such as the Office of Emergency Services (OES), the Office of State Fire Marshal (OSFM), California Environmental Protection Agency (CalEPA) and the Office of Spill Prevention and Response (OSPR).

But to what extent the agencies are working together to prepare for crude-by-rail transports and how they’re sharing information remains unclear. Last year, an Interagency Rail Safety Working Group, put together by Gov. Jerry Brown, produced a report recommending that additional inspectors be hired to evaluate tracks, rail cars and bridges; more training for local emergency responders; and real-time shipment information to local firefighters when a train is passing through a community. According to the report, incidents statewide involving oil by rail increased from three in 2011 to 25 in 2013.

Many at Thursday’s meeting said the only way to prevent future accidents was to ban the transport of crude by rail completely, until all rail cars and tracks had been inspected.

“These trains are really scary because we live so close to them and we feel the effects deeply through emissions and air pollution,” said Aimee Durfee, a Martinez resident. Statewide, Californians use more than 40 million gallons of gasoline each day, according to the California Energy Commission.

Bernard Weinstein, associate director of the Maguire Energy Institute at Southern Methodist University, said railroad companies are already shifting to new cars — outfitted with heat shields, thicker tank material and pressure-relief devices — although the process is gradual because of the sheer volume of the fleet, estimated at more than 25,000. New rulings specifying tanker car standards and timelines about phasing in updated technology are also expected this May.

“No human activity is completely risk-free,” Weinstein said, adding that the spill rate for trains transporting crude was roughly four times higher than accidents involving pipelines.

“Communities are resistant to crude by rail and they are against pipelines, but they also want to go to the pump and be able to fill up their car.”