Category Archives: Rail inspection

Bakken Crude, Benicia City Council, Benicia Planning Commission, CPC-1232, Crude By Rail, Derailment, Emergency Readiness & Response, Explosion, Oil spill, Oil stabilization, Rail inspection, Rail routing, Steve Young, Tank car design, Tank car puncture velocity, Train speed, Valero Benicia Refinery, Valero Crude By Rail, Volatile gases, Volatility, Water contamination

STEVE YOUNG: What Benicia can learn from the Oregon train derailment

Repost from the Benicia Herald

What Benicia can learn from the Oregon train derailment

By Steve Young, June 7, 2016
Planning Commissioner Steve Young is running for City Council. Among the biggest issues in his campaign are opposing Valero’s Crude-By-Rail Project, diversifying the city’s economic base, modernizing the water and sewer system, improving the roads and maintaining the parks. (Courtesy photo)
Planning Commissioner Steve Young is running for Benicia City Council. Among the biggest issues in his campaign are opposing Valero’s Crude-By-Rail Project, diversifying the city’s economic base, modernizing the water and sewer system, improving the roads and maintaining the parks. (Courtesy photo)

On Friday, June 3, a Union Pacific train carrying Bakken crude oil derailed in the town of Mosier, Ore. Fourteen rail cars came off the tracks, and four exploded over a 5 hour period.

There are several things that the City Council needs to keep in mind whenever they re-open discussion of the appeal of the Planning Commission’s unanimous decision to reject the Valero Crude-by-Rail project. Many of the assurances given to the public about the safety of transporting crude by rail have been called into question by this derailment.

    1. The train cars that derailed and exploded are the upgraded CPC-1232 version promised to be used by Valero for this project.
    2. The train derailed at a relatively slow speed as it passed through the small town of Mosier. Union Pacific trains carrying Bakken to Valero will travel at speeds up to 50 mph in most of Solano County.
    3. The portion of track on which the train derailed had been inspected by Union Pacific three days before the derailment.
    4. A Union Pacific spokesman, while apologizing for the derailment and fire, would not answer a reporter’s question as to whether the Bakken oil had been stabilized with the removal of volatile gases prior to shipment.
      At the Planning Commission hearing, I tried repeatedly without success to get an answer from both UP and Valero as to whether they intended to de-gassify the Bakken oil prior to transport.
    5. A major interstate, Interstate 84, was closed for 10 hours in both directions while first responders used river water to try and cool the tank cars to a point where foam could be used to try and put out the fire. It took more than 12 hours to stabilize the scene.
    6. An oil sheen is in the river, despite the deployment of containment booms.

And finally, Oregon Public Broadcasting on June 4 had an exchange with the Fire Chief of Mosier, about how this experience changed his opinion about the safety of transporting crude by rail:

“Jim Appleton, the fire chief in Mosier, Ore., said in the past, he’s tried to reassure his town that the Union Pacific Railroad has a great safety record and that rail accidents are rare.

“He’s changed his mind.

“After a long night working with hazardous material teams and firefighters from across the Northwest to extinguish a fire that started when a train carrying Bakken crude derailed in his town, Appleton no longer believes shipping oil by rail is safe.

“’I hope that this becomes the death knell for this mode of shipping this cargo. I think it’s insane,’ he said. ’I’ve been very hesitant to take a side up to now, but with this incident, and with all due respect to the wonderful people that I’ve met at Union Pacific, shareholder value doesn’t outweigh the lives and happiness of our community.’”

When the City Council took up the appeal of the Planning Commission decision in April, Mayor Patterson and Councilmember Campbell stated their opposition to the project, while the other three councilmembers (Hughes, Schwartzman and Strawbridge) approved Valero’s request to delay a decision on this project until at least Sept. 20. There is still time for the citizens of Benicia to tell their elected officials how they feel about this project. I urge them to do so.

Steve Young, a member of the Benicia Planning Commission, is running for the Benicia City Council in November.

Bakken Crude, Crude By Rail, Derailment, Evacuation, Explosion, Fire, Oil slick, Oil spill, Rail infrastructure, Rail inspection, Sewer system, Track maintenance, Train inspection, Wastewater, Water contamination

Track failure likely cause of oil train derailment, fire in Mosier

Repost from KATU.COM

Track failure likely cause of oil train derailment, fire in Mosier

By Donna Gordon Blankinship, Associateed Press, June 5, 2016
Mosier tracks being replaced on Sunday, June 5 (KATU News photo).png
Mosier tracks being replaced on Sunday, June 5 (KATU News photo)

MOSIER, Ore. — Officials now say a track failure was likely the cause of the oil train derailment and explosion in the Columbia River Gorge Friday.

A failure of the fastener between the railroad tie and the line was likely the problem, but more investigation will be required before railroad officials know for sure, Raquel Espinoza with Union Pacific said Sunday.

Union Pacific inspects the tracks that run through Mosier twice a week, and the most recent inspection took place on May 31, Espinoza said. Union Pacific had completed a more detailed and technical inspection of this section of track at the end of April and found no problems.

The railroad is focused on removing the crude oil from the damaged cars as safely and quickly as possible, Espinoza said. Its priority is to bring people home safe to Mosier, where 16 of 96 tank cars train derailed Friday and started a fire in four of the cars.

“We’re doing everything we can to get you back home, but we’re not going to risk your safety,” Espinoza said at a news conference. When asked if she knew how much the cleanup was going to cost the company, Espinoza said, “I don’t know and it doesn’t matter.”

“Our priority here is bringing people home. Nothing else matters,” she added. Repairs to a water treatment system, which runs under the tracks, would need to be completed before people could return to their homes, the railroad said.

About a hundred people – a quarter of the town’s population – have been evacuated from their homes since Friday in an area about a quarter mile around the train.

Mosier’s mayor and fire chief said Sunday the derailment and fire in their town could have been a lot worse.

Fire Chief Jim Appleton says the usual amount of wind in Mosier – about 25 mph – could have turned this incident into a major disaster, destroying the town and sending flames across state lines.

“My attention was focused on the incident that didn’t happen,” Appleton said. “It probably would have burned its way close to Omaha, Nebraska. That’s how big it would have been.”

Mayor Arlene Burns said the people of Mosier were “incredibly lucky.”

“I count myself lucky that we dodged a bullet,” Burns said, after noting that her own child was at school within a few blocks of the derailment. “We hope that this is a wake-up call.”

The fire and derailment damaged essential city services in the small Oregon town, authorities said Sunday.

The Mosier waste water treatment plant and sewer system were not operational Sunday. Residents were told not to flush their toilets and advised to boil any water before they drank it or cooked with it. Mosier exhausted its water reserves fighting the fire and cooling the trains. Burns said the aquifers were completely depleted.

Officials have been conducting continuous water and air monitoring since plumes of black smoke filled the sky near the scenic Columbia River Gorge.

“Today’s priority is focused on safely restoring essential services to the community of Mosier as soon as possible,” incident spokeswoman Judy Smith of the U.S. Environmental Protection Agency said in a statement.

Authorities were working to clean up an oil sheen in the Columbia River near the scene of the derailment, while the oil inside the remaining tank cars was being moved to trucks.

No injuries have been reported. But Oregon health officials are asking people with questions or concerns to call a hotline to talk to a health expert at 888-623-3120.

Including Friday’s incident, at least 26 oil trains have been involved in major fires or derailments during the past decade in the U.S. and Canada, according to an Associated Press analysis of accident records from the two countries. The worst was a 2013 derailment that killed 47 people in Lac-Megantic, Quebec. Damage from that accident has been estimated at $1.2 billion or higher.

Evacuated residents needing assistance should contact the Union Pacific Claim Center located across from the Mosier Market or call the claim center at 877-877-2567, option 6.

A health hotline has been set up at 888-623-3120. A boil water order remains in effect for the Mosier community.

Civil penalties, Criminal negligence, Crude By Rail, Derailment, Explosion, Federal pre-emption, Federal Railroad Administration, Federal Regulation (U.S.), Local Regulation, Oil trains, Public permitting, Rail accidents, Rail infrastructure, Rail inspection, Rail routing, Rail Safety, Risk Assessment, U.S. Department of Transportation

Inspector General Cites Failure of Federal Railroad Administration on Oil Train Safety

Repost from The Root Word, ForestEthics Blog
[Editor:  See also the earlier Associated Press story: Railroad Regulators Fail to Pursue Criminal Prosecution of Hazardous Cargo Safety Violations.  – RS]

News Analysis: Inspector General Cites Failure of Federal Railroad Administration on Oil Train Safety

By Matt Krogh, March 2, 2016
2015 Paul K. Anderson

In a scathing critique, the US Department of Transportation Inspector General called out the Federal Railroad Administration (which is an agency within DOT) for failing to adequately evaluate or reduce the risks of a catastrophic oil train accident to the American public. The conclusion: The FRA is failing to provide adequate oversight and policing of oil trains, and FRA fails to enforce the rules or prosecute violators when they find dangerous violations.

Oil trains are too dangerous for the rails. The Inspector General makes this point in the first sentence of the review, citing the fatal Lac Megantic oil train disaster. But we’ve heard from far too many local, county, and state officials around the country who believe the federal government is overseeing oil trains and guaranteeing public safety. It’s true that century-old railroad law puts railroads under federal control. That makes sense because a continental railroad system would grind to a halt if it was regulated by thousands of different local and state government entities. But no one should let “pre-emption” or federal-control get in the way of local permitting decisions, especially when it comes to public safety. Especially when it comes to preventing a calamity that could reduce another town to ashes.

This Inspector General report makes it clear the FRA is failing the American people with a good cop/good cop approach when it comes to mile-long oil trains carrying millions of gallons of toxic, explosive crude through US cities and towns.

Here’s some key quotes from the DOT IG report, reviewed in an excellent article by AP reporter Joan Lowy:

the Agency has no overall, national understanding of the risk environment and cannot be sure that the regions consider all appropriate risk factors

This points to a key flaw in FRA oversight: they assume that region-based inspection systems are all that are needed, and fail to look nationally, comprehensively, at the risks of moving oil by train.

…do not take into account risk factors such as the condition of transportation infrastructure, the shippers’ compliance histories, or the proximity of transportation routes to population centers.

This begs the question, what does the FRA look at in risk assessment? Track conditions, how good the individual railroads are at safety, and how close people are living to oil train routes seem pretty important.

FRA issues few violations, pursues low civil penalties, and does not refer possibly criminal violations to the office of inspector general

The FRA turns a blind eye to criminal violations, settles for low fines, and fails to bring in the Office of Inspector General when criminal investigations are warranted. We need a bad cop, folks.

One inspector noted that the Office of Chief Counsel has effectively “numbed” a large portion of inspectors into not writing violations and stated that some inspectors have preconceived notions that violations will not get through the process.

It’s true that the FRA does have inspectors — but the FRA’s buddy culture with the railroads means that hard-working inspectors on the ground have lost faith in the agency’s willingness and ability to regulate railroads.

respondents just smile and cut the check

By respondents the Inspector General means railroads. They don’t argue with miniscule fines, but then why should they? They are happy to pay small fines as a normal operating expense, and get back to moving vast quantities of explosive, toxic crude oil through America’s population centers.

While the specific circumstances of all of these violations may not have warranted maximum penalties, FRA settled for 5.1 percent of the roughly $105.6 million dollars in penalties it could have levied…

No, seriously, the fines are miniscule. FRA is only issuing 5% of the fines they could levy under the law. Wouldn’t it be nice if the highway patrol took the same approach to speeding tickets? It would, but then, the Wild West of our highways would be littered with the smoking wreckage of souped-up Camaros.

By applying the same penalty to all violations of a regulation, FRA is distancing its enforcement actions from the context of the behaviors they are meant to rectify, thus weakening penalties’ deterrent effect. Furthermore, by bundling violations, FRA’s settlement process removes penalty enforcement from the context of each violation and low penalties diminish the potential deterrent effect of the penalties set in the guidelines and the regulatory maximums.

And there you have it: it doesn’t matter the scale or the number of fines you get, you can talk your way out of it in the settlement process.

The Inspector General audit of the Federal Railroad Administration found an agency that fails to understand and regulate the severe threat to 25 million Americans living in the blast zone. When it comes to oil trains the FRA seems to work for the railroad and oil industry, and not the American people. Local and state officials faced with permitting decisions need to recognize their responsibility to protect the public, just as the FRA now needs to do their job when it comes to deadly oil trains.

Civil penalties, Criminal negligence, Crude By Rail, Derailment, Explosion, Fire, High Hazard Flammable Trains (HHFTs), Legal action, Rail inspection

Railroad Regulators Fail to Pursue Criminal Prosecution of Hazardous Cargo Safety Violations

Repost from Associated Press & AllGov.com
[Editor:  Significant quote: “Although the agency processes hundreds of safety violations each year, it appears that not a single case has ever been referred for criminal investigation.”  See also Matt Krogh’s News Analysis: Inspector General Cites Failure of Federal Railroad Administration on Oil Train Safety.  – RS]

Inspector General Report: Rail Hazmat Safety Violations should be prosecuted

By Joan Lowy, Associated Press, February 28, 2016
Sarah Feinberg, Federal Railroad Administration administrator

WASHINGTON (AP) — Federal regulators are failing to refer serious safety violations involving freight rail shipments of crude oil and other hazardous cargo for criminal prosecution, and are going lightly on civil fines, according to a report released Friday by a government watchdog.

The Federal Railroad Administration routinely applies only modest civil penalties for hazardous materials safety violations, even though inspectors request penalties only for serious or repeated infractions, said the report by the Department of Transportation’s inspector general.

Instead, the agency’s attorneys have made it a priority to process penalties quickly and avoid legal challenges, the report said.

And, although the agency processes hundreds of safety violations each year, it appears that not a single case has ever been referred for criminal investigation, the report said. After examining a random sample of safety violations over five years, the inspector general’s office found 17 cases it said should have referred for criminal investigation.

Based on that sample, the inspector general’s office estimated 20 percent, or 227 out of 1,126 violations, may have warranted criminal referral. The agency’s attorneys told the watchdog that they didn’t make criminal referrals because they didn’t know the procedures for doing so, and they didn’t think it was part of their job.

“As a result, penalties have little deterrent effect, and criminal penalties aren’t being pursued,” wrote Mitchell Behm, assistant inspector general for surface transportation.

Concern about rail shipments of hazardous cargo has been heightened in recent years by a series of fiery oil train explosions in the U.S. and Canada, including one just across the border in Lac-Megantic, Quebec, that killed 47 people. More than 400,000 tank cars of oil are shipped across the country annually.

Rep. Peter DeFazio of Oregon, the senior Democrat on the House Transportation and Infrastructure Committee, said the report confirms “that the federal government has failed to provide the necessary oversight to protect communities across the country from serious accidents involving the rail transportation of hazardous materials.”

One case the report said should have been referred for criminal investigation involved a company that produced tank car valves that hadn’t been put through a required design approval process. The valves subsequently leaked hazardous liquids. In another case, a company may have deliberately failed to disclose that a shipment included radioactive containers.

Matt Lehner, an FRA spokesman, said most of the inspector general’s recommendations are being implemented. He noted that the agency collected $15 million in fines for violations in the 2015 federal budget year, a 12 percent increase over the previous year and the most in the agency’s history

The inspector general’s office also found that the agency doesn’t have a complete understanding of the risks of hazardous cargo shipments because the agency makes safety assessments by looking narrowly at operations in specific regions, not the nation as a whole.

The regional evaluations also don’t include an assessment of the risks of transporting highly volatile and hazardous materials like crude oil near cities and major population centers, the report said.

Without an accurate national assessment, the railroad administration can’t be sure that all the appropriate risk factors are being considered when deciding which operations are most in need of inspections, the report said.

The inspector general also faulted the agency’s complex records system, saying it makes difficult for inspectors to access safety information on rail operations outside their region. As a result, the railroad administration and a sister agency, the Pipeline and Hazardous Materials Safety Administration, don’t share critical and up-to-date information with safety inspectors and investigators in different regions throughout the country.