Category Archives: Oil spill

Bakken Crude, Crude By Rail, Hazmat notification, Oil Industry, Oil spill, Rail Safety, Spill prevention and response, State regulation

Washington State rail regulators to Fine BNSF for not reporting leaks immediately

Repost from The Bellingham Herald

State rail regulators: Fine BNSF for not reporting leaks immediately

By Samantha Wohlfeil, March 19, 2015 
Ferndale Siding PAD
BNSF rail cars on the railroad siding in Custer, Friday Aug. 22, 2014. The railroad is building a new siding from Ferndale to Custer. PHILIP A. DWYER — The Bellingham Herald

Washington state regulators have recommended BNSF Railway be fined up to $700,000 for failing to properly report more than a dozen hazardous materials spills in recent months despite the fact state staff had reminded the company how to do so last fall.

On Thursday, March 19, the state Utilities and Transportation Commission staff announced it found BNSF had failed to report 14 releases of hazardous materials, including crude oil leaks, within a half hour of learning about the leaks, as required by state law.

In one case, crews at BP Cherry Point refinery found crude oil had leaked onto the sides and wheels of a tank car, which was found to be 1,611 gallons short. That was on Nov. 5, but the UTC didn’t find out about it until Dec. 3, when it got a copy of the report BNSF sent to the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration. Railroads have 30 days to file that type of report.

When contacted about the incident by a McClatchy reporter in January, BNSF said the train was “not in transit, not on our property and not in our custody” when the spill was detected, and the company had submitted the required reports to state and federal regulators.

In another case from Jan. 12 and 13, a train hauling 100 cars of Bakken crude oil from North Dakota to the Tesoro refinery in Anacortes had more than a dozen leaking cars discovered in multiple stops as it crossed the state.

Although the UTC sent an investigator to look at the leaking cars as part of a Federal Railroad Administration investigation, BNSF didn’t report the incident to the state’s 24-hour hotline at the Emergency Management Division until two weeks later. The hotline duty officer is in charge of alerting the various state agencies that might need to respond to a spill.

When asked by The Bellingham Herald in February why the January incident was reported more than a week later, BNSF spokeswoman Courtney Wallace replied that BNSF staff members thought they were following proper protocols, and had amended their Washington reporting policy following discussions with the UTC in January.

But the investigation released by the UTC on Thursday shows that on Oct. 22, 2014, the UTC had emailed a copy of the state’s reporting requirements to Patrick Brady, BNSF’s director of hazardous materials and special operations, in an effort to make sure BNSF knew how to report accidents.

As copied into the body of the Oct. 22 email to Brady, the state law regulating accident reports ( WAC 480-62-310) lists the hotline number, which types of incidents must be reported, and states that railroad companies must call within 30 minutes of learning of the event.

On Dec. 3, Brady emailed the UTC again asking, “Can you send me the regulatory reference to spill notification to the UTC?” Staff members again emailed Brady the state law on reporting requirements, according to emails included in the investigation.

From Nov. 1, 2014, to Feb. 24, UTC staff found BNSF committed 700 violations of the reporting requirement. Every day an incident goes unreported counts as a separate violation, per state law.

In addition to the leaking crude oil incidents, the UTC announcement lists a variety of leaks that occurred throughout the state: a tank car dripping gas/oil from a bottom valve in Spokane Valley on Dec. 8, 2014; cars leaking “primary sludge” found in incidents in Seattle, Vancouver and Everett in December; two 100-gallon spills of lube oil from locomotives in December and January, among others.

The commission could opt to fine the company $1,000 per violation of the reporting law, but no fine has been issued yet. The commission will set a final penalty after BNSF gets the chance to have a hearing.

“When a company fails to notify the (state Emergency Operations Center) that a hazardous material incident has occurred, critical response resources may not be deployed, causing potential harm to the public and the environment,” the UTC announcement states.

BNSF was still reviewing the report when contacted for comment on Thursday.

“In regards to reporting releases in Washington state, we believed we were complying in good faith with the requirements from our agency partners,” BNSF’s Wallace wrote in a statement. “Following guidance from the UTC in January 2015, BNSF reviewed its reporting notification process and amended its practices to address concerns identified by the UTC. We will continue to work closely with the UTC moving forward on this issue.”

BNSF is the largest railroad company operating in Washington.

Bakken Crude, CPC-1232, Crude By Rail, Oil spill, Tank car retrofit

McClatchy investigative reports result in enforcement actions

Repost from McClatchy DC and The Bellingham Herald
[Editor:  McClatchy News investigative reports have alerted Washington State and federal officials, and resulted in fines and enforcement actions.  For background, see Washington state officials unaware at first of November oil spill (1/26); Officials say oil train leaked as it crossed Washington state (2/6); and Oil-loading facility sanctioned in Washington rail car spill (3/12).  Don’t miss the excellent video near the end of this story.  – RS]

More oil-train fixes: Feds order defective valves replaced on leaking cars

By Samantha Wohlfeil and Curtis Tate, March 13, 2015 
APTOPIX Train Derailment
Derailed oil tanker train cars burn near Mount Carbon, W.Va., Monday, Feb. 16, 2015. A CSX train carrying more than 100 tankers of crude oil derailed in a snowstorm, sending a fireball into the sky and threatening the water supply of nearby residents, authorities and residents said Tuesday. MARCUS CONSTANTINO — AP

WASHINGTON — The Federal Railroad Administration on Friday ordered rail tank car owners to replace defective valves never approved for installation on thousands of tank cars, causing oil to spill from moving trains.

The directive applies to a 3-inch valve installed on roughly 6,000 tank cars, and their owners have 60 days to replace them. Within 90 days, tank car owners must also replace 37,000 1-inch and 2-inch valves manufactured by the same company. While the smaller valves were not found to be defective like the larger ones, they were not approved for the tank cars.

The affected cars can be used in the interim, but none can be loaded with hazardous materials if they are still equipped with those valves after the deadlines.

The enforcement action comes after a story last month in McClatchy’s Bellingham Herald about 14 tank cars that were discovered leaking en route from North Dakota’s Bakken region to the Tesoro refinery in Anacortes, Wash.

Friday’s enforcement action is the second to follow an investigation launched after McClatchy reported on leaking cars in Washington.

On Thursday, the agency said it had sanctioned the operator of a North Dakota loading facility for not properly closing a valve on another oil car after McClatchy reported in January that the car arrived at the BP Cherry Point refinery in northwest Washington state with 1,600 gallons missing.

That spill was discovered in early November but wasn’t reported to state officials until early December. Local emergency officials were never notified, according to a report sent by BNSF Railway to the U.S. Department of Transportation and the Washington state Utilities and Transportation Commission.

The 1-inch, 2-inch and 3-inch valves were all manufactured and sold by McKenzie Valve and Machining, a company in Tennessee. The Bellingham Herald could not immediately reach anyone at McKenzie, but left messages with the company Friday.

The Federal Railroad Administration also announced Friday that it was launching a full audit of the approval process for tank car components to determine why the unapproved valves were installed.

Under federal regulations, tank car valve designs must be approved by the Association of American Railroads Tank Car Committee.

The Federal Railroad Administration said it would begin working immediately with the association, which is the rail industry’s principal trade group in the nation’s capital.

Sarah Feinberg, the FRA’s acting chief, said Friday that removal of the valves will help reduce the number of non-derailment releases of hazardous materials.

“Any type of hazardous materials release, no matter how small, is completely unacceptable,” she said in a statement.

Ed Greenberg, a spokesman for the railroad association, said Friday that it supported the order. Railroads don’t own most of the tank cars used to transport oil.

“Officials from our association will be working closely with the administration in reviewing the tank car valve approval process to ensure the agency is fully satisfied with the current approval requirements that are in place,” he said in a statement.

The Federal Railroad Administration’s order came about a month after crews discovered tank cars leaking oil from their top fittings on a handful of trains hauling different types of crude oil through Washington state.

In mid-January, a train loaded with Bakken crude needed to have more than a dozen leaking cars removed at three separate stops as it traveled through Idaho and crossed Washington state.

The train was headed from Tioga, N.D., to the Tesoro refinery in Anacortes.

In a report to the U.S. Department of Transportation, BNSF reported a total of 26 gallons of oil leaking from 14 cars. Tesoro reported two more leaking cars. The oil was found only on the tops and sides of tank cars, and no oil was found on the ground.

Crews had first noticed oil on the side of a tank car while the train was in northern Idaho, and after checking the rest of the train, removed that car, which had leaked about two gallons, according to BNSF spokeswoman Courtney Wallace.

After the train had crossed through the state, following the Columbia River to Vancouver, Wash., crews found that crude oil had leaked onto the top of seven more cars, which were removed from the train on Jan. 12. BNSF reported the incident to the state Department of Ecology on Jan. 23.

BNSF also reported that about 10 gallons total had leaked from six more cars removed in Auburn on Jan. 13.

Wallace said the railroad would work with customers and shippers to take the required actions.

“Although BNSF does not own the tank cars, nothing is more important to us than safely operating through the communities that we serve,” she said in a statement.


The state Utilities and Transportation Commission and the FRA investigated the cars that were pulled from the train in Vancouver, which led to the discovery that closure plugs on the valves caused damage to the valve’s seal, and when tightened, would press down on and damage the ball.

The cars involved were CPC-1232 model cars built after 2011, which some oil companies have started using after several fiery derailments caused concerns about older DOT-111 rail cars, which have been found more likely to puncture or burst.

However, newer CPC-1232-standard cars that lack features that reduce damage from punctures and fire exposure have performed no better in four recent oil train derailments in West Virginia, Illinois and Ontario.

The White House Office of Management and budget is reviewing a new tank car standard proposed by the Department of Transportation. It is scheduled for publication on May 12.

Wohlfeil, of The Bellingham Herald, reported from Washington state. Tate reported from Washington, D.C.
Bakken Crude, Crude By Rail, Emergency Readiness & Response, Federal Regulation (U.S.), Oil spill, Rail Safety, Rivers, Sensitive wildlife habitats, Tank car design

Heitkamp Presses OIRA To Finish Oil Train Rules; DeFazio presses for info

Repost from Roll Call

Heitkamp Presses OIRA To Finish Oil Train Rules

By Roll Call Staff, March 13, 2015 9:55 a.m. 
Sen. Heidi Heitkamp, D-N.D., center, is urging OIRA to "quickly finalize" regulations on rail shipment of crude oil. (Photo By Bill Clark/CQ Roll Call)
Sen. Heidi Heitkamp, D-N.D., center, is urging OIRA to “quickly finalize” regulations on rail shipment of crude oil. (Photo By Bill Clark/CQ Roll Call)

“Oh Ira, why can’t you work more quickly?” That might’ve been what tunesmith George Gershwin said to his lyric-writing brother Ira Gershwin. But for transportation purposes, it’s essentially what Sen. Heidi Heitkamp, D- N.D., said Thursday to OIRA – pronounced “oh-Ira” – the Office of Information and Regulatory Affairs, within the Office of Management and Budget.

OIRA is where proposed regulations go for a final vetting and it now has under review a series of proposed rules on more robust oil tank cars and safer transport of crude oil.

In a letter to OMB director Shaun Donovan, Heitkamp urged OIRA to “quickly finalize” the regulations so that shippers and first responders can know what they must do to more safely ship crude oil. Much of that oil comes from the Bakken formation in Heitkamp’s state and in Montana and is carried by rail to refineries on the East Coast and the West Coast.

She cited the December 2013 derailment, explosion and fire in Casselton, N.D., noting that while no one was killed in that incident “we were lucky… but we cannot depend on luck.”

Meanwhile House Transportation and Infrastructure Committee ranking member Peter A. DeFazio, D- Ore., has asked the Government Accountability Office to report to him on what railroads and the federal government are doing to prepare for an oil train derailment and fire “particularly in the most remote and environmentally sensitive areas”

DeFazio specifically asked the GAO to examine what the railroads are doing to preposition “critical resources necessary to respond to spills in both urban and rural areas, including forest lands, with limited road access, prone to catastrophic fire, or at-risk due to long-term drought” and to preposition “critical resources to contain and clean-up oil spills into rivers or other water bodies.”

As the Oregonian reported last year, “Eighteen oil trains a week move along the Washington side of the Columbia River Gorge.” Part of the gorge is a national scenic area and it borders national forests.

Bakken Crude, Crude By Rail, Derailment, Diluted bitumen (Dilbit), Explosion, Fire, Moratorium on oil trains, Oil spill, Oil stabilization, Tar sands crude, Valero Benicia Refinery, Valero Crude By Rail

OPEN LETTER: Crude by rail unsafe; Valero should withdraw its application

By Roger Straw, March 12, 2015

Crude by rail unsafe; Valero should withdraw its application

To the Editor of The Benicia Herald, and published there on Mar. 12:

Many thanks to Dr. James Egan for his thoughtful letter of March 10, “Timely decision on crude by rail warranted: Deny Valero’s application.”  His local voice amplifies a growing national sentiment, that crude by rail is simply too dangerous at this time.

As Mollie Matteson, a senior scientist with the Center for Biological Diversity wrote this week, “Before one more derailment, fire, oil spill and one more life lost, we need a moratorium on oil trains and we need it now.  The oil and railroad industries are playing Russian roulette with people’s lives and our environment, and the Obama administration needs to put a stop to it.”

Even as officials in Washington DC are dealing with this crisis (much too slowly), Benicia has a powerful role to play.  We can do our part by denying Valero’s permit.  In fact, Valero can do its part – by acknowledging the horrendous piling up of recent derailments and explosions, the failing infrastructure and the unsafe tank cars, and withdrawing their application for the time being.  That would show real leadership in the oil industry.

Dr. Egan covered most of the issues extremely well, but didn’t mention that the tar-sands crude produced in Alberta Canada has proven volatile on trains as well, with two recent derailments resulting in spills and huge fires within 23 miles of each other outside Gogama, Ontario.  Tar-sands crude starts out as a sticky thick bitumen, and must be diluted with volatile and toxic fluids in order to be pumped into rail cars, a mix that can explode and burn just as Bakken crude explodes and burns when a tank car is ruptured.  The first train exploded outside Gogama on Feb. 14, and the second on March 7.  Those poor folks in Gogama are holding their breath, as the track runs right through town, and the First Nation people who live even closer to the derailments are in shock.  Valero has admitted that it wants permission to ship Bakken crude and tar-sands dilbit by train.

In addition to those two crashes in Ontario, we have seen conflagrations in West Virginia on Feb. 16 and in Illinois on Mar. 5.  You can’t have missed those.  Four “bomb train” explosions in three weeks!

In January 2014, I started a personal blog to keep an eye on crude by rail in the news.  At first, there wasn’t much beyond our local efforts to stop Valero’s proposal “in its tracks.”  Increasingly, the regional and national media have awakened to the health and safety issues that can destroy communities along the rails.  You can’t imagine the absolute flood of media coverage this last three weeks.  I can’t keep up anymore.  I’m picking and choosing which stories to repost [at BeniciaIndependent.com].

The economy of Benicia may very well take a tumble if Valero’s proposal is permitted: housing values may fall and businesses may look to safer locations and relocate.  According to Valero’s own analysis, the few jobs created by introducing oil trains here will be taken up by residents of other Bay Area towns.  New hires will spend most of their money where they live, not here in Benicia.

We need to take the long view – Valero can continue to process crude oil brought in on ships.  The multi-billion dollar industry will weather this minor setback.