Category Archives: Rail routing

Union Pacific decision imperils sports events in Sacramento CA

Repost from The Sacramento Bee

Texas train tragedy imperils sports events in California’s capital

By Curtis Tate, McClatchy Washington Bureau, 04/17/2015 1:39 PM
Runners wait for the race to begin during the 32nd annual California International Marathon on Sunday, Dec. 7, 2014. Organizers of sports events in California’s capital are concerned that the nation’s largest railroad may not allow participants to cross tracks, forcing them to reroute or cancel more races.
Runners wait for the race to begin during the 32nd annual California International Marathon on Sunday, Dec. 7, 2014. Organizers of sports events in California’s capital are concerned that the nation’s largest railroad may not allow participants to cross tracks, forcing them to reroute or cancel more races. Andrew Seng / Aseng@sacbee.com

— Every year for a decade, organizers of the Kaiser Permanente Women’s Fitness Festival took care of an important detail without much difficulty: asking Union Pacific Railroad permission for runners to cross its track that bisects the city of Sacramento.

Kim Parrino, the event’s race director, put in the request to the railroad for safe passage for about 4,000 participants in a June 5K and half-marathon back in September.

She got the return call two weeks ago. And for the first time ever, the answer was no.

“It was a very short conversation,” she said.

Parrino was forced to cancel the Women’s Festival half-marathon and reroute the 5K so it doesn’t cross the Union Pacific track.

“We have a beautiful downtown area, and we can’t run through it,” she said. “We’re cut off.”

Organizers of other sports events in California’s capital are concerned that the nation’s largest railroad may give them the same answer, forcing them to reroute or cancel more races. It could threaten the California International Marathon, which brings 14,000 runners and millions of dollars to the Sacramento-area economy, and could affect the ability of the city to host future events.

“The policy shift is something that presents significant challenges,” said Mike Sophia, director of the Sacramento Sports Commission.

Though the railroad won’t elaborate on what prompted its change in policy, Sophia said the difficulties began two years ago, a few months after the fatal collision of a Union Pacific train and a veterans parade float in Midland, Texas, in November 2012.

“I do believe it’s a safety issue,” Sophia said. “That’s understandable.”

That parade’s organizers never told the railroad that their route would cross its track, and a train slammed into a parade float at 60 mph. Four veterans of the Iraq and Afghanistan wars were killed, having pushed their spouses out of harm’s way seconds before impact.

Though the National Transportation Safety Board faulted the parade’s organizers and found Union Pacific to be in compliance with federal law, 43 survivors and family members of crash victims sued the railroad. Union Pacific reached a confidential settlement with 26 of them in January. In February, a Texas judge dismissed a lawsuit by the remaining 17.

Aaron Hunt, a spokesman for Union Pacific, said the railroad made decisions about whether to grant safe passage on a case-by-case basis. He offered no specific reasons for the company’s change in policy on safe passage for Sacramento events or who changed it.

“We asked officials to reroute their race due to safety concerns for event participants,” he said.

Rail transportation is federally regulated, giving state and local officials little say over how railroads operate. Railroad rights-of-way are privately owned property, and organizers of events that intersect with railroad tracks are obligated to seek permission to cross.

In addition to safety issues, there are business costs. Idling trains for hours at a time can delay freight shipments. Hunt said that Union Pacific, which has a parallel route that avoids the middle of Sacramento, does not reroute trains for special events.

Last year, the railroad didn’t grant safe passage for the California International Marathon until November, a month before the race.

Rep. Doris Matsui, a Sacramento Democrat, helped resolve last year’s impasse and encouraged the railroad to work with Sacramento to find a safe way to hold events.

“Events such as the Women’s Fitness Festival and the International Marathon are important to our community and our economy,” she said in a statement this week.

The California International Marathon has been run every year for 32 years. The 26-mile race starts in Folsom and proceeds west to the state capitol. But the Union Pacific track presents a barrier. Major east-west streets in Sacramento cross the railroad at ground level, and there are no overpasses or underpasses.

“It’s very hard to do much in the downtown corridor without coming in contact with those tracks,” said Scott Abbott, executive director of the Sacramento Running Association, which founded the International Marathon in 1983.

The race had a close call in 2003, when a train crossed the marathon route during the previously arranged safety window.

“We weren’t prepared for that,” Abbott said.

Last fall, even though organizers of the Mill Race Marathon in Columbus, Ind., made arrangements with a local railroad in advance, a train made an unexpected appearance.

Video footage shows runners scrambling to beat the slow-moving train. When it stopped, some climbed between the cars. The few police officers on hand could do little to stop it.

Just last week, a similar problem beset the Paris-Roubaix bicycle race in France. When the gates came down at a railroad crossing, many competitors darted around them in front of a high-speed passenger train.

No one was injured in these incidents, but the combination of focused athletes and trains that need as much as a mile to stop can lead to tragic consequences.

“A lot can go wrong, even with the proper precautions,” said Steven Schmader, president and CEO of the International Festivals & Events Association, whose group participated in the NTSB investigation of the Texas accident.

According to Operation Lifesaver, a nonprofit rail safety education group, California led the nation last year in railroad crossing fatalities involving trains and cars, with 33. More people were killed while walking across or on railroad tracks in California than any other state with 101 deaths and 53 injuries, according to federal statistics.

Abbott said the Sacramento Running Association has rerouted every other event it holds to avoid crossing the railroad tracks, but moving the International Marathon course has too many downsides. Rerouting the race would require adjusting the mileage and could potentially disrupt local traffic and inconvenience participants who are staying in downtown hotels.

“With the numbers of people that we have and the amount of time we impact at the finish area,” he said, “the capitol grounds are really the only acceptable place to finish on a Sunday morning in Sacramento.”

Schmader, whose office, coincidentally, is in the old Union Pacific station in Boise, Idaho, said Sacramento leaders should come together to stress the importance of the marathon.

“Everybody would hate to see a good event go away or changed to its detriment,” he said.

Emergency Management Magazine: The Ticking Rail Car

Repost from Emergency Management Magazine
[Editor:  An excellent online comment appears following this article: “Wultcom” writes, “As always it is heartening to see how first responders rise to the occasion to protect us all.  If only such heroism rubbed off just a little on the railroad industry.  The creation of courses for first responders is praiseworthy. But it does create a false sense of security, for when Bakken crude explodes, the force of the fire is too great to allow firefighters to get anywhere near it.  The first duty of government is to protect citizens, not shareholders.  The rail industry takes advantage of lax regulators, pro-business governments, frail labor unions, and our desire for oil independence to roll the dice on safety.  They run 150 ton tank cars on 8000 foot trains with skeletal crews, well dictated by the profit motive.  An alliance of railway workers, environmentalists, and blast zone citizens can force a safer method of transporting crude oil.”  – RS]

The Ticking Rail Car: First Responders Are Preparing for the Worst

Railways are now carrying highly explosive Bakken crude oil, making emergency managers’ jobs even tougher.

By Jim McKay | April 10, 2015
Train carrying Bakken crude oil
Millions of people are potentially at risk from trains like this one carrying Bakken crude oil. Flickr/Brewbooks

Emergency managers have been asked in recent years to do a lot more with fewer resources. That job got even tougher with the advent of oil shipments from the Bakken shale region of North Dakota via rail around the country.

Bakken is obtained by hydraulic fracking and horizontal drilling, which has increased since 2000 and can be highly explosive. And there have been several train derailments recently, including one in Lac-Megantic, Quebec, in July 2013 that killed 47 people.

In the U.S., a train carrying Bakken crude oil derailed in West Virginia on Feb. 16, 2015, sending orange flames skyward for days. There have been other derailments, and there’s concern of a scene like the one in Quebec happening in a major U.S. city, including those in Pennsylvania. A report by PublicSource said 1.5 million people are potentially at risk if a train carrying crude oil derails and catches fire there.

Emergency managers are concerned and doing what they can to mitigate a derailment and possible explosion in their backyards. There’s training available but questions remain: Do emergency managers have all the information they need? Can one locale handle an explosion caused by a 30,000-gallon oil tanker incident?

“From a people standpoint, the worst-case scenario is if you have one or more of these cars breach and start on fire,” said Rick Edinger, assistant chief of the Chesterfield County, Va., Fire and EMS Department and a hazardous materials expert. “There’s an ongoing debate about how volatile crude oil is. The feds and industry are coming to realize now that it really depends on where the oil comes from.”

Because of that and other reasons, it’s important to understand the nature of the product, according to Robert Gardner, technological hazards coordinator for the Maine Emergency Management Agency. Emergency managers should study lessons learned and best practices and have safety data sheets. This information should be part of a risk assessment that lets first responders develop agency-specific response protocols that ensure responder safety and accounts for those exposed to potential fire.

Regional planning groups such as local emergency planning committees should review the routes that trains may use and identify sensitive receptors like water supplies, fisheries or agricultural areas.

Good to Know

There’s ongoing debate about what information communities and emergency managers should know about train routes and shipments of crude.

“Flow studies have been around for a long time and that’s an old tool that could be applied to figure out what’s going through your community,” Edinger said. “You may not have it down to the gallon and the day, but you have a great sense of what’s coming through and frankly, from a hazmat standpoint, I don’t need to know a specific time, I just need to know the worst-case scenario.”

Gardner said that in terms of actual shipments, there’s never enough information available. “We may know when a unit over a million gallons may be coming or where they are traveling, but those trains carrying fewer than 30 cars become unknowns,” he wrote in an email.

Some railroads have systems in place that allow for real-time knowledge of what any particular train may be carrying and the tanks’ location in the train.

Gardner said planning for Bakken crude oil transport is no different from any other hazardous material or even natural gas because you have an assessment and understand what you’re planning for and the role of those involved. But he acknowledged that the volume of the product is a concern.

The biggest concern for many is that one or more cars loaded with crude breach can start a fire. “Once you get past anything the size of a 9,000-gallon oil tanker, very few departments have the resources or capability to mitigate anything bigger,” Edinger said. “If you’re talking about a 30,000-tank car incident, even that would be beyond the capabilities of most departments in the initial stages, anyway.”

New federal rules instituted last year require carriers to notify state emergency response commissions about the transport routes of cars carrying at least 1 million gallons of crude from Bakken. But some emergency managers say that doesn’t go far enough and doesn’t include the typical load of 30,000 gallons.

Training is available for mitigating such a circumstance, but managing the volume of an incident that size could be daunting, Edinger said. “With the exception of a couple of departments, most can’t afford to stock and maintain the resources you would need to even approach doing something with one of these incidents.”

Gardner said the local Maine railroads have worked to educate first responders on rail safety. “This is of particular importance as rail employees have the specific knowledge of cars and engines that not all responders have, but need [in order] to have a safe response.”

Need Some Help

Gardner said it would help if the railroads could assist with the cost of the “gap pieces” of response equipment that have been identified as needed through the assessments. “It would be an immense help to many of the small volunteer agencies that we have in Maine and throughout the nation,” he wrote.

An examination of the tank car fleet that carries flammable liquids may be necessary as well. Canada has banned certain cars that are known to be unsafe in crash situations, but the U.S. has lagged. Part of the reason is the price. It would cost up to $1 billion to retrofit all of the 300,000 DOT-111 tank cars in use and take years.

“The dialog is going in a good direction,” Edinger said. “There seems to be agreement within public safety and the rail industry that we can do better with the construction of cars and that will improve, and perhaps prevent some incidents from happening.”

Swinomish tribe sues to permanently ban Bakken oil trains

Repost from The Seattle Times

Swinomish tribe sues to block Bakken oil trains

A federal lawsuit filed by the Swinomish Indian tribe seeks to ban BNSF Railway from transporting Bakken crude oil across tribal lands. The line in question carries oil trains to the Tesoro refinery in Anacortes.

By Hal Bernton, April 7, 2015 at 8:37 pm, Updated April 8, 2015 at 12:10 pm
A view of the Tesoro refinery, as seen from Cap Sante lookout in Anacortes. Photographed on July 16, 2012. (John Lok / The Seattle Times)
A view of the Tesoro refinery, as seen from Cap Sante lookout in Anacortes. Photographed on July 16, 2012. (John Lok / The Seattle Times)

The Swinomish Indian Tribal Community on Tuesday went to federal court to block BNSF Railway from sending 100-car oil trains through reservation lands, claiming the company is violating an easement that sharply restricts rail traffic.

The easement signed by the railway’s predecessor company in 1991 permits only two trains a day of 25 cars or less from transiting the reservation. It also calls for the railroad company to get permission from the tribe to increase traffic.

The lawsuit filed in U.S. District Court in Seattle asks the court to permanently ban the railroad from shipping Bakken shale crude oil across tribal land, asserting that the railroad never sought permission for the oil trains.

“A deal is a deal,” said Swinomish Chairman Brian Cladoosby in a statement released Tuesday. “Our signatures were on the agreement with BNSF, so were theirs. So was the United States. But despite all that, BNSF began running its Bakken oil trains across the reservation without asking, and without even telling us.”

The Swinomish rail line that traverses tribal land on Fidalgo Island enables trains to reach a Tesoro refinery in nearby Anacortes.

A BNSF spokesman, in a statement released Tuesday said, “We have received the complaint and are reviewing it.”

The tribal lawsuit is part of an intensifying backlash in Washington and elsewhere in North America against shipping Bakken shale crude from North Dakota and Montana. Production from those fields has surged with the development of new fracking techniques.

Since 2013, a series of train derailments resulted in fiery explosions of Bakken crude, with four of those accidents occurring since early February. Bakken crude has a higher volatility than many other crudes, due to elevated levels of gases such as ethane, propane and butane

At Seattle’s Emergency Operations Center on Tuesday, Mayor Ed Murray, King County Executive Dow Constantine and other officials joined U.S. Sen. Maria Cantwell, D-Wash., to discuss threats posed by these accidents.

“In Canada nearly two years ago, a mile-long train derailed and the ensuing explosion cost 47 people their lives,” Cantwell said. “That blast leveled a half-mile radius. If that happened in Seattle, the effects would be catastrophic.”

“In Seattle, an incident of this type could impact tens of thousands of residents.”

Cantwell introduced legislation last month that would require the federal Transportation Department to regulate the volatility of crude oil shipped by trains.

The bill also would increase funding for first responders and require more disclosures from railroads about train routes. The railroads would also have to plan for worst-case derailment scenarios.

In Washington last year, up to 19 trains a week crossed parts of the state with crude oil that ends up at state or California refineries.

Some of those trains now cross Swinomish lands on the way to the Tesoro refinery. The number of those trains could rise if Shell gets approval for a rail facility at its refinery in Anacortes.

As the trains move through tribal lands, they pass close by a casino, a lodge and other development.

“Based on the demonstrated hazards” of Bakken shale crude, the tribe is “justifiably and gravely concerned” with the oil shipments, the lawsuit asserts.

The railroad’s 1991 easement across the reservation lands resulted from the settlement of an earlier tribal lawsuit that alleged that BNSF’s predecessor company was trespassing on their lands with its trains during most of the past century.

The settlement called for periodic railroad disclosures “as different products, or commodities, are added or deleted.” It also called on the tribe not to “arbitrarily withhold permission to increase the number of trains or cars when necessary to meet shipper needs.”

The crude-oil shipments across tribal lands began in late 2011, but tribal officials said they were never informed in advance, and have never authorized that train traffic.

“We told BNSF to stop, again and again,” Cladoosby said. “It’s unacceptable for BNSF to put our people and our way of life at risk without regard to the agreement we established in good faith.”

Why more pipelines won’t solve the problem of oil-train explosions

Repost from Grist

Why more pipelines won’t solve the problem of oil-train explosions

By Ben Adler on 6 Apr 2015
Shutterstock | Shutterstock
In the last few years, the grassroots environmental movement has energetically opposed constructing big new oil pipelines in North America. Their opposition is understandable, since, on a global level, fossil fuel infrastructure encourages fossil fuel consumption, contributing to climate change, and, on a local level, oil pipelines leak and explode. But conservatives have been delighted to argue that greens are endangering the public and being short-sighted. Oil that comes out of the ground has to get to market somehow, and currently a huge amount of it is being shipped on freight trains. The result? An epidemic of oil train derailments, causing spills and even deadly explosions.

Is it fair to blame activists for this? Should climate hawks throw in the towel and accept Keystone XL as the lesser evil?

No and no — and I’ll explain two key reasons why.

First: Much of the oil criss-crossing the U.S. on trains is coming from North Dakota and traveling out along east/west routes where there aren’t even any proposals for big new pipelines. You can’t blame activists for that. Keystone would connect the Alberta tar sands to refineries on the Gulf Coast, but wouldn’t do anything to help move North Dakota’s fracked bounty. Right now rail is the main option for that. “Keystone XL would enable tar-sands expansion projects, but is unlikely to reduce crude-by-rail,” says Anthony Swift, an attorney at the Natural Resources Defense Council. But don’t just take his word for it. Oil-loving, Keystone-supporting North Dakota Sen. Heidi Heitkamp (D) makes the same point: “I am not someone who has ever said that the Keystone pipeline will take crude off the rails. It won’t,” Heitkamp said in November. “Our markets are east and west and it would be extraordinarily difficult to build pipelines east and west.”

Second: Climate activists are supporting something that actually would go a long way toward solving the problem of dangerous oil trains: strict regulation of those trains.

In the long term, of course, climate hawks want to keep the oil in the soil, and they are pushing for structural changes — like an end to federal leases for oil drilling offshore and on federal land — that would reduce the amount of oil we produce in the U.S. But in the short term, they’re not just being unrealistic and saying “no” to all oil transport — they’re pushing to make that transport safer.

The Department of Transportation has the authority to impose rules on oil trains’ design and speed, which would reduce the risk of them leaking and exploding when they derail or crash. DOT made an initial proposal in July of last year and is expected to finalize it in May. Green groups have been disappointed by the proposal, though — both the weakness of the rules and the slowness of the timetable. If all goes according to plan, the rules would be implemented later this year, but their requirements would still take years to phase in.

Fortunately there’s now a stronger proposal that climate hawks can get behind: a new Senate bill that would impose stiffer requirements than those being proposed by the Obama administration. Sen. Maria Cantwell (D-Wash.) introduced the Crude-By-Rail Safety Act late last month, along with three Democratic cosponsors: Tammy Baldwin (Wis.), Patty Murray (Wash.), and Dianne Feinstein (Calif.). It got immediate backing from big green groups.

Here are four critical things that need to be done to make oil trains safer, three of which are included in Cantwell’s bill:

  1. Stop the transport of oil in an old model of rail car, called the DOT-111, that was designed back in the ‘60s. DOT-111s “have a number of manufacturing defects that make them much more likely to rupture in a derailment,” says Swift. So environmentalists want to get 111s off the rails immediately. That’s exactly what Cantwell’s Senate bill would do. DOT, in contrast, proposes to delay that transition. “DOT only slowly phases out 111s by 2017 and the rest of fleet by 2020, and we think the industry is pushing to move the phaseout to 2025,” says Devorah Ancel, an attorney at the Sierra Club. “It’s very concerning.”
  2. Require steel jackets around vulnerable rail cars that carry oil. DOT would require freight companies to transition to a newer, sturdier model of car called the CPC-1232, but even those cars aren’t sturdy enough — they have already been involved some fiery accidents, including one in West Virginia in February and one in Illinois in March. Cantwell’s bill would go further, requiring CPC-1232s to be jacketed, and then calling for “new tank car design standards that include 9/16th inch shells, thermal protection, pressure relief valves and electronically-controlled pneumatic brakes.”
  3. Clamp down on the amount of flammable gases permitted in the oil on train cars. Oil fracked in North Dakota’s Bakken shale carries more volatile gases with it than your average crude, making explosions more common. DOT’s proposed rules do nothing to curb that. Cantwell et al would limit the volatility of the oil being transported and increase fines for violations.
  4. Reduce train speeds. Currently, the speed limit for crude-by-rail is 50 mph, and that’s voluntary. DOT would make a speed limit mandatory, but would only lower it to 40 mph, and even that may only apply in “high threat urban areas” with more than 100,000 people. “The question of speed limits is crucial,” says Swift. “You need to dramatically reduce the speed at which these trains are moving.” Swift notes that CPC-1232s may puncture when going above 18 mph, but environmental groups stop short of explicitly calling for that speed limit. NRDC says, “Crude oil unit trains must adhere to speed limits that significantly reduce the possibility of an explosion in the event of a derailment.” That would presumably fall somewhere between 18 mph and 40 mph. Stricter speed limits is the one major needed reform that the Senate bill doesn’t address.

Cantwell’s bill also doesn’t compensate communities when accidents happen (the DOT proposal doesn’t either). But the bill’s sponsors intend to introduce future legislation to establish an oil spill liability trust fund paid for by fees from the companies moving crude oil. “Taxpayers should not be on the hook to bail out communities after a disaster caused by private companies,” said Cantwell.

It’s hard to imagine this bill passing both houses of an intensely pro-business, pro–fossil fuel Republican Congress. But Senate Democrats hope that by raising the issue they can build public awareness and support for stronger rules.

The bill could put pressure on the Obama administration to adopt the strongest possible version of its proposal. During the public comment period on DOT’s draft rules, the oil and rail industries argued for the weakest rules under consideration. Now the plans are being reviewed by the White House Office of Management and Budget, which tends to scale rules back in order to reduce their cost to business. Representatives from the oil and rail industries have been meeting with OMB to lobby for weaker rules.

Late last month, Chuck Schumer (N.Y.), who will take over as Senate Democratic leader after Harry Reid (Nev.) retires next year, announced that he and six colleagues — including Baldwin and Democratic Whip Dick Durbin (Ill.) — had sent a letter to OMB Director Shaun Donovan asking him to ensure “the rule is strong and comprehensive and that it is finalized as quickly as possible.” If nothing else, Schumer’s push and Cantwell’s bill will set up a countervailing force to the industry voices that the Obama administration is listening to.

The administration should protect public safety without being pushed by fellow Democrats — in this case, it has the power to do so without congressional approval. There is definitely a clear alternative to the false choice between pipelines and dangerous oil trains.