Category Archives: Rail routing

Ralph Nader: Unsafe and Unnecessary Oil Trains Threaten 25 Million Americans

Repost from The Huffington Post
[Editor: This is a must read, a comprehensive summary by a visionary and influential old-timer.  – RS]

Unsafe and Unnecessary Oil Trains Threaten 25 Million Americans

By Ralph Nader, 12/15/2014
Ralph Nader Headshot
Ralph Nader, consumer advocate, lawyer and author

Back in 1991 the National Transportation Safety Board first identified oil trains as unsafe — the tank cars, specifically ones called DOT-111s, were too thin and punctured too easily, making transport of flammable liquids like oil unreasonably dangerous. As bad as this might sound, at the very least there was not a lot of oil being carried on the rails in 1991.

Now, in the midst of a North American oil boom, oil companies are using fracking and tar sands mining to produce crude in remote areas of the U.S. and Canada. To get the crude to refineries on the coasts the oil industry is ramping up transport by oil trains. In 2008, 9,500 crude oil tank cars moved on US rails. In 2013 the number was more than 400,000! With this rapid growth comes a looming threat to public safety and the environment. No one — not federal regulators or local firefighters — are prepared for oil train derailments, spills and explosions.

Unfortunately, the rapid increase in oil trains has already meant many more oil train disasters. Railroads spilled more oil in 2013 than in the previous 40 years combined.

Trains are the most efficient way to move freight and people. This is why train tracks run through our cities and towns. Our rail system was never designed to move hazardous materials, however; if it was, train tracks would not run next to schools and under football stadiums.

Last summer, environmental watchdog group ForestEthics released a map of North America that shows probable oil train routes. Using Google, anyone can check to see if their home or office is near an oil train route. (Try it out here.)

ForestEthics used census data to calculate that more than 25 million Americans live in the oil train blast zone (that being the one-mile evacuation area in the case of a derailment and fire.) This is clearly a risk not worth taking — oil trains are the Pintos of the rails. Most of these trains are a mile long, pulling 100-plus tank cars carrying more than 3 million gallons of explosive crude. Two-thirds of the tank cars used to carry crude oil today were considered a “substantial danger to life, property, and the environment” by federal rail safety officials back in 1991.

The remaining one-third of the tank cars are not much better — these more “modern” cars are tested at 14 to 15 mph, but the average derailment speed for heavy freight trains is 24 mph. And it was the most “modern” tank cars that infamously derailed, caught fire, exploded and poisoned the river in Lynchburg, Virginia last May. Other derailments and explosions in North Dakota and Alabama made national news in 2014.

The most alarming demonstration of the threat posed by these trains happened in Quebec in July 2013 — an oil train derailed and exploded in the City of Lac Megantic, killing 47 people and burning a quarter of the city to the ground. The fire burned uncontrollably, flowing through the city, into and then out of sewers, and into the nearby river. Firefighters from across the region responded, but an oil fire cannot be fought with water, and exceptionally few fire departments have enough foam flame retardant to control a fire from even a single 30,000 gallon tank car, much less the millions of gallons on an oil train.

Given the damage already done and the threat presented, Canada immediately banned the oldest of these rail cars and mandated a three-year phase-out of the DOT-111s. More needs to be done, but this is a solid first step. Of course, we share the North American rail network — right now those banned trains from Canada may very well be transporting oil through your home town while the Department of Transportation dallies.

The immense public risk these oil trains pose is starting to gain the attention it deserves, but not yet the response. Last summer, the U.S. federal government began the process of writing new safety regulations. Industry has weighed in heavily to protect its interest in keeping these trains rolling. The Department of Transportation, disturbingly, seems to be catering to industry’s needs.

The current draft rules are deeply flawed and would have little positive impact on safety. They leave the most dangerous cars in service for years. Worse yet, the oil industry would get to more than double its tank car fleet before being required to decommission any of the older, more dangerous DOT-111s.

We need an immediate ban on the most dangerous tank cars. We also need to slow these trains down; slower trains mean fewer accidents, and fewer spills and explosions when they do derail. The public and local fire fighters must be notified about train routes and schedules, and every oil train needs a comprehensive emergency response plan for accidents involving explosive Bakken crude and toxic tar sands. In addition, regulations must require adequate insurance. This is the least we could expect from Secretary Anthony Foxx, who travels a lot around the country, and the Department of Transportation.

So far, Secretary Foxx is protecting the oil industry, not ordinary Americans. In fact, Secretary Foxx is meeting with Canadian officials this Thursday, December 18, to discuss oil-by-rail. It is doubtful, considering Canada’s strong first step, that he will be trying to persuade them to adopt even stronger regulations. Will Secretary Foxx ask them to weaken what they have done and put more lives at risk? Time will tell. He has the power, and the mandate, to remove the most dangerous rail cars to protect public safety but he appears to be heading in the opposite direction. Earlier this month ForestEthics and the Sierra Club, represented by EarthJustice, filed a lawsuit against the DOT to require them to fulfill this duty.

Secretary Foxx no doubt has a parade of corporate executives wooing him for lax or no oversight. But he certainly doesn’t want to have a Lac Megantic-type disaster in the U.S. on his watch. It is more possible now than ever before, given the massive increase in oil-by-rail traffic.

Pipelines, such as the Keystone XL, are not the answer either. (Keystone oil would be routed for export to other countries from Gulf ports.) Pipelines can also leak and result in massive damage to the environment as we have seen in the Kalamazoo, MI spill by the Enbridge Corporation. Three years later, $1.2 billion spent, and the “clean up” is still ongoing.

Here’s the reality — we don’t need new pipelines and we don’t need oil by rail. This is “extreme oil,” and if we can’t transport it safely, we can and must say no. Secretary Foxx needs to help make sure 25 million people living in the blastzone are safe and that means significant regulations and restrictions on potentially catastrophic oil rail cars.

Rather than choosing either of these destructive options, we are fortunate to be able to choose safe, affordable cleaner energy and more efficient energy products, such as vehicles and furnaces, instead. That is the future and it is not a distant future — it’s happening right now.

Follow Ralph Nader on Twitter: www.twitter.com/RalphNader

Newly elected mayor of Toronto says he wants oil trains out of his city

Repost from rabble.ca

Newly elected mayor of Toronto says he wants oil trains out of his city

By Roger Annis | December 6, 2014

Newly elected mayor of Toronto says he wants oil trains out of his cityThe Toronto Star has a front page story on Dec. 5 saying newly elected  mayor John Tory wants trains carrying oil and other dangerous cargos through his city to be rerouted through less populated areas. Pretty big news, even if the conservative mayor is an unlikely candidate to carry this fight very far. Indeed, the Star says the mayor was “unavailable” for follow-up comment after delivering his one-off pronouncement on the matter.

Such rerouting would cost billions of dollars in new railway construction. Also, those communities upon which new, dangerous cargo rail lines would be imposed might, just maybe, say ‘no thanks’.

The Star also reports that the rail companies and Transport Canada are continuing to stonewall munipalities (and provinces?) over the release of studies of risk assessments of the movement of dangerous cargos. It writes:

In Toronto, the CP rail line runs through the city along Dupont St., while Canadian National’s line runs across the northern GTA, roughly parallel to Highway 407. Residents in downtown neighborhoods where trains carrying dangerous goods frequently travel have been clamoring for more information since the July 2013 Lac-Mégantic train derailment disaster, which killed 47 people. But neither Transport Canada nor the rail companies will provide the details they want, saying the information is commercially sensitive.”

The newspaper writes further:

Under an April 2014 emergency directive, rail companies must conduct a risk evaluation on every route that carries 10,000 or more tankers bearing dangerous goods per year, along with trains holding 20 or more carloads of dangerous goods.

A Transport Canada spokeswoman told the Star the risk assessments are reviewed by the federal regulator, but are not made public because the information still belongs to the rail companies and the documents “contain sensitive commercial information.”

The railways are sticking to their guns that they will only meet their supposed requirement to provide dangerous cargo information to municipalities on condition that the latter sign confidentiality agreements. CN says 360 municipalities, including Toronto, have signed on. Only one has refused–Windsor, Ontario. (It’s not clear from the Star report if the numbers are for Ontario or for all of Canada.) The Star writes:

Windsor Fire Chief Bruce Montone said he has yet to be authorized by city council to sign the document due to the last clause, which stipulates that the individual signing the agreement agrees that if they violate the agreement, CN can seek an immediate injunction in court.

“We would be giving up our inalienable right under the Charter to argue our case. That’s the piece that’s difficult,” he said. “We acknowledge that they can take injunctive action, and we won’t disagree with that. But who knows what the circumstances might be (for revealing information) …This is removing our ability to undertake due process.”

Unbelievable. What a show of feigned concern over Lac Mégantic that federal Transport Minister Lisa Raitt has been staging during this past year and a half.

One of the very big problems for CN and CP to transport oil from the west to the east is that they gave up their lines through the Ottawa Valley over the past 20 years. CP’s abandonment is quite recent; CN’s was 20 years ago. Oops, now we have a surge of oil rail traffic from western Canada and U.S. to Montreal and points east with nowhere else to direct it but through Toronto, be it via Michigan through Windsor and Sarnia or across and down from northern Ontario. There is an interesting Star article from earlier this year detailing the line abandonments. Excerpt here:

The second malady is line abandonment, which has spread aggressively since the 1970s. CP is ripping up its Ottawa Valley main line and, as a result, sending western crude oil bound for eastern refineries through Toronto, where it meets the flow of crude and ethanol coming from the U.S. via Windsor. This makes the trip 250 kilometres longer, strains CP’s busy southern Ontario network and increases the safety risks.

CN abandoned its Ottawa Valley line back in 1995 and has sent traffic for Montreal and points east through Toronto ever since. Its Toronto-Montreal line is busier than CP’s, handling numerous Via Rail passenger trains and all manner of freight, including U.S. crude oil entering Canada at Sarnia.

Today, another 975 kilometres of track is slated for scrapping. This includes the original CN Maritime main line. When the Plaster Rock derailment closed its primary Maritime freight artery, CN sent all Atlantic Canadian traffic, including crude oil, over this alternate route, proving its strategic value.

If I were a rail or an oil company executive in Canada right now, I would be praying very hard that another oil train disaster does not happen. Their disastrous oil by train expansion projects are hanging on very thin ribbons of steel.

I have a vague recollection from my younger years of a CN rail line that crossed central-northern Quebec and connected to the CN main line somewhere in northern Ontario or in Winnipeg. Turns out my recollection was good, but that line, built originally as the National Transcontinental Railway some 100 years ago and merged into CN rail later, has also been abandoned, in bits and pieces over the years. You can view an historic map of the line here. CN’s present-day route map is here. Like CP Rail, CN’s transcontinental connection in Ontario runs through Toronto.

This news from Toronto recalls the complaints of some mayors in the Vancouver region during the past year about the location of the BNSF rail line that carries coal and some (not a lot) of oil into the region from the U.S. along the Pacific coastline. They want the line moved inland and modernized. But who will pay hundreds of millions of dollars to build a new, rail line that doesn’t have a lot of traffic (less than 20 trains per day in total) unless there is lots of anticipated growth? The largest cargo on the line presently is coal, and we know where the future of that lies, as in ‘not so rosy’.

The business case and financing issues involved in a line relocation inland are troublesome details that the mayors overlook mentioning. I’m thinking here of the previous mayor of Surrey, Dianne Watts, who annointed her successor. When Mayor Watts mentioned last year (faintly echoing the demands of transportation experts going back decades) the creation of a fast passenger rail service to connect Vancouver to the large U.S. cities all the way to California, it sounded like she was serious about moving the rail line. But I can’t help but conjure an image of dazzling baubles being dangled before the citizenry.

Presently, Amtrak takes four hours to reach Seattle. An auto can make it in two and a quarter hours, plus whatever is the border wait time. Amtrak runs supplementary buses that are much faster than the train. Sadly in BC, we have federal and provincial governments that couldn’t give a hoot about rail passenger traffic. They have done nothing to promote it; worse, they have closed services and allowed rail lines and service to deteriorate to the point where closure seems just plain good sense. Who would want to travel in slow, dilapidated passenger trains over slow and dilapidated rail lines except for retired folks with a love of train travel and time on their hands?

The past and present mayors of Surrey are very close to the federal government. Dianne Watts will be a candidate of the Conservative Party in next year’s federal election. This is who we will expect to lead the very big, radical and necessary transition to railway travel to replace trucks and cars on highways? Not a chance.

As for the ‘green’ city council of Vancouver, I’m not aware that its majority party has an opinion on the whole matter. If it does, it didn’t voice it during last month’s municipal election.

University students find Lac-Megantic on verge of rebuilding after disaster

Repost from The Portland Press Herald, Portland, ME
[Editor: See photos, following the text below.  – RS]

UMF students find Lac-Megantic on verge of rebuilding after disaster

But the residents of the Quebec town are divided on how to proceed.
By Kaitlin Schroeder, December 4, 2014

FARMINGTON — More than a year after a train carrying crude oil derailed and exploded in downtown Lac-Megantic, the Quebec town is making plans to rebuild.

A group of students from the University of Maine at Farmington who recently visited the town just over the Maine border said the community is working on a plan to rebuild, but is divided on how to proceed and hoping it can come up with the necessary money.

The students visited Lac-Megantic last month on the pilot trip of Global Perspectives, a two-day UMF excursion program focused on making international education more accessible and affordable for students.

The town was devastated July 7, 2013, by the worst Canadian railway disaster in 150 years, when an unmanned train with 72 carloads of crude oil rolled down an incline, derailed and exploded, killing 47 people and leveling 40 downtown buildings in the town of 6,000.

Over the past year, the town has started slowly to rebuild. The Farmington students visited the recently rebuilt public library, and on Wednesday they met with Maurie Stockford, director of the Farmington Public Library, to present her with tokens of friendship from its Lac-Megantic counterpart.

Farmington and Lac-Megantic are longtime partner towns. The Farmington library led a book drive to help Lac-Megantic rebuild its library and replace its collection of 60,000 books.

Clint Bruce, assistant professor of French at UMF, who helped lead the trip the first week of November, said Lac-Megantic officials are getting ready to start reconstruction.

Senior Tobias Logan said the town’s residents want to move past the disaster and are primarily interested in finding government funding to help pay for reconstruction. The cost of rebuilding the town is estimated at as much as $200 million.

Bruce said some limited reconstruction already has started. After the downtown destruction, he said, some of the businesses left but others, such as a large grocery store, have set up shop again on the outskirts of town.

Bruce said there are differing opinions about how to rebuild downtown, some wanting it exactly the way it was and others hoping to take advantage of the opportunity to make changes.

While community members disagree on some points, Bruce said, there is one area of consensus: Residents want to reroute the train tracks.

“They scare people,” he said. “People want the trains to go around the town.”

The railroad is operational again, and residents fear it will derail again, he said.

 

 

MAP: crude by rail incidents in more than 250 municipalities over the last four years

Repost from ProPublica

Gov’t Data Sharpens Focus on Crude-Oil Train Routes

A ProPublica analysis of federal government data adds new details to what’s known about the routes taken by trains carrying crude oil. Local governments are often unaware of the potential dangers they face.
By Isaiah Thompson, special to ProPublica, Nov. 25, 2014
CasseltonND
A crude-bearing train derailed and exploded in Casselton, N.D., in December 2013, prompting the evacuation of most of the town’s 2,300 residents. (Bruce Crummy, File/AP Photo)

The oil boom underway in North Dakota has delivered jobs to local economies and helped bring the United States to the brink of being a net energy exporter for the first time in generations.

But moving that oil to the few refineries with the capacity to process it is presenting a new danger to towns and cities nationwide — a danger many appear only dimly aware of and are ill-equipped to handle.

Much of North Dakota’s oil is being transported by rail, rather than through pipelines, which are the safest way to move crude. Tank carloads of crude are up 50 percent this year from last. Using rail networks has saved the oil and gas industry the time and capital it takes to build new pipelines, but the trade-off is greater risk: Researchers estimates that trains are three and a half times as likely as pipelines to suffer safety lapses.

Indeed, since 2012, when petroleum crude oil first began moving by rail in large quantities, there have been eight major accidents involving trains carrying crude in North America. In the worst of these incidents, in July, 2013, a train derailed at Lac-Mégantic, Quebec and exploded, killing 47 and burning down a quarter of the town. Six months later, another crude-bearing train derailed and exploded in Casselton, North Dakota, prompting the evacuation of most of the town’s 2,300 residents.

In those and other cases, local emergency responders were overwhelmed by the conflagrations resulting from these accidents. Residents often had no idea that such a dangerous cargo, and in such volume, was being transported through their towns.

Out of the disasters came a scramble for information. News outlets around the country began reporting the history of problems associated with the DOT-111 railroad tank cars carrying virtually all of the crude.

Local officials, environmental groups, and concerned citizens began to ask what routes these trains were taking and whether the towns in their paths were ready should an accident occur.

In July, the U.S. Dept. of Transportation ordered railroads to disclose route information to state emergency management officials. Railroads had fought hard to keep this information private, citing security concerns. Even after federal regulators required more disclosure, railroads pressured many state governments to withhold their reports from the public. Some have come out, often as a result of public records requests by news organizations: The Associated Press has obtained disclosures in several states initially unwilling to release them.

Map: Where Do Trains Carry Crude Oil?

Our interactive map uses federal government data to show where safety incidents on trains were reported, where each train began its journey, and where it was ultimately headed. Explore the app »

(Yue Qiu, Eric Sagara and Lena Groeger, ProPublica, and Isaiah Thompson, special to ProPublica)

Still, those disclosures offer scant detail, often consisting of little more than a list of counties through which crude oil is passing, without further specifics.
There have been attempts to fill in the blanks. KQED in Northern California, for example, combined the information disclosed in federal route reports with maps of the major railroads to show where trains carrying crude passed through California. The environmental group Oil Change International superimposed major refineries and other facilities that handle crude oil onto a national railroad map.

A ProPublica analysis of data from the federal Pipeline and Hazardous Materials Safety Administration adds new details by plotting out where trains carrying crude have experienced safety incidents, most of them minor. The data shows such incidents in more than 250 municipalities over the last four years. We’ve used the data to create an interactive map showing where safety incidents on trains were reported, where each train began its journey, and where it was ultimately headed.

The data also shows that factors that contributed to major, or even catastrophic, accidents have also been present in hundreds of minor ones: outdated tank car models; component failures; and missing, damaged and loose parts.

Bit by bit, a more realistic notion of where the dangers of crude-bearing trains are most substantial is emerging.

“Frankly, the [previous] disclosures weren’t of that much use,” says Kelly Huston, a spokesman for the California Governor’s Office of Emergency Services, one of the first state agencies to make those disclosures available for anyone on its website. When it comes to a detailed picture of where crude is moving, Huston says, “The expectation of the public is very far from the reality of what we’re actually getting.”

The hazardous materials data reviewed by ProPublica adds to that picture.

Only a handful of places around the country have the refinery capacity and infrastructure necessary to handle the massive amounts of oil being extracted from North Dakota’s Bakken Shale: Bakersfield, Carson, and Long Beach in California; St. James, Lake Charles, Lacassine in coastal Louisiana; Philadelphia, Paulsboro, New Jersey. Delaware City, Delaware in the Mid-Atlantic.

These cities have become the terminuses for “unit trains” carrying up to 100 tank cars, each containing as much as 30,000 gallons of crude oil. These endpoints also have shaped the paths along which crude-bearing trains now cross hundreds of communities, many of which have never seen such traffic. Tracks all but abandoned for years have sprung back to life on account of the oil boom.

The vulnerabilities of the DOT-111 tank cars in which much of the oil is moved are well known by now. For decades, federal officials have cited concerns over their relatively thin shells, which are prone to puncturing or rupturing in an accident and releasing the hazardous material inside. They also have other components prone to damage, including protruding fittings often left unprotected, and hinged lids held on by bolts that have a history of coming loose, especially if not properly tightened by the original shipper.

Firefighters douse blazes after the oil-train derailment in Lac-Megantic in Canada. (FranÁois Laplante-Delagrave/AFP/Getty Images)

When a tank car full of oil ruptures, the consequences can be dire. At a panel held by the National Transportation Safety Board in April, one technical expert with the agency described a “fireball release,” in which “the entire content of the tank car, up to 30,000 gallons, is instantly released, along with the potential for rocketing car parts.” When one tank car ignites, the heat can set off a chain reaction, causing other cars to explode as well.

In most cases, the tanks cars used to transport crude are supplied by railroad shipping companies, not railroads themselves. Railroads have typically pushed for more stringent safety requirements since they have to move the cars. Shipping companies and oil producers have pushed back against stricter proposals.

In 2011, as the crude-by-rail industry was ramping up and federal regulators were preparing to introduce new rules, industry groups adopted voluntary safety modifications to add thicker shells and other protections to new tank cars. But roughly 85 percent of the fleet currently carrying flammable liquids still consists of the older models. And while PHMSA is expected to issue rules requiring safer tank cars, railroads will have years to phase in the upgrades and it’s not yet clear to what extent they will be required to retrofit existing cars.

For most local fire departments, a blaze involving even a single tank car, let alone many, would be too much to handle, emergency response officials acknowledge.

“[Most] fire departments don’t have the capacity to deal with more than a standard gasoline tank [fire], which is about 9,000 or 10,000 gallons of fuel,” said Richard Edinger, vice chairman of the International Association of Fire Chief’s hazardous materials committee. “Well, one DOT-111 car holds about 30,000 gallons — that pretty much exceeds our capacity.”

Complicating matters, many towns don’t even know that trains carrying crude oil are passing through.

Along the journey south from North Dakota, for example, many trains now make a stop in the tiny town of El Dorado, Arkansas, population 18,500, bound for a refinery that recently added capacity to accommodate Bakken crude. The PHMSA hazmat data includes more than a dozen leaks found on trains headed for the town.

Yet Union County Emergency Management Services deputy director Bobby Braswell, a former Chief Deputy for the El Dorado Fire Department, was unaware of the new crude traffic and its potential risks.

“We’ve got a little old railroad here, but if they transport crude, I don’t know,” said Braswell in an interview. If state emergency management officials have a plan to respond to oil train derailments, they haven’t shared it with El Dorado yet: “I don’t remember anybody calling about crude,” Braswell said.

Along the trains’ route to the Mid-Atlantic, according to PHMSA’s hazmat data, is Mineral City, Ohio, where Tuscarawas county emergency services director Patty Levengood said she didn’t know whether fire departments in her jurisdiction had been trained or otherwise advised on the new oil traffic. Such planning was “pretty much left to the individual chiefs,” she said.

Other responders said they are acutely aware of the new risks facing their towns, and some expressed alarm. Asked whether his fire department had the capacity to handle a single tank car fire, Duane Hart, fire chief for Juniata County, Pennsylvania, answered with an emphatic “I know we don’t!” Crude trains now pass through Port Royal, a town of 925 in Juniata County for which Hart’s department provides services.

In many circumstances, all local responders would be able to do in the event of a large tank car fire is simply let it burn, experts say. At the recent NTSB rail safety panel, Gregory Noll, a chairperson for the hazardous materials committee of the National Fire Protection Association, summarized the situation bluntly.

“There’s very little that we as a responder are going to do,” he said, “other than… to isolate the area, remove people from the problem, and allow the incident to go its natural course until it essentially burns down to a level where we can extinguish it.”

But that approach would still involve tremendous damage in the many densely populated areas through which crude is now moving by rail, officials acknowledge.

“The standard evacuation is typically a half-mile,” said Jeff Simpson, a 30-year firefighter who lives in North Virginia and teaches a course called “Training for Railroad Emergencies.”

“But if you’re in the middle of a big city, the footprint is going to be much bigger.”

The Pittsburgh-based nonprofit news organization PublicSource reported in August that up to 40 percent of that city’s roughly 300,000 residents live within the potential evacuation zone of trains carrying crude through the city.

Another Pennsylvania metropolis, Philadelphia, has become one of the biggest destinations in the U.S. for Bakken crude thanks to newly retrofitted refineries and a brand new rail unloading facility opened just two years ago.

The city appears frequently in hazmat reports: In at least 65 cases over the last two years, tank cars bound for or arriving in Philadelphia were found to have loose, leaking or missing safety components. These parts are meant to prevent flammable contents from escaping in the event of an accident.

There was a more serious incident last January, when a train full of oil derailed a few miles from the city’s downtown. Luckily, no one was injured. The train was soon righted and the railroad made repairs, assuring city officials that the danger had passed.

But even after the derailment, Philadelphia “has not issued new plans, directives, or protocols in response to the increase of crude oil shipments,” wrote city director of Emergency Management Samantha Phillips in an email to ProPublica.

The Philadelphia County Local Emergency Planning Committee “has not been active on the transportation of Bakken crude oil,” Phillips added.

The agency’s website contains no emergency information specific to a fire involving crude oil, or any other hazardous substance, other than a video featuring ” Wally Wise-Guy, the Shelter in Place Turtle.”

The video advises that “in the event of a hazardous materials emergency … do what Wally Wise Guy does — go inside.”