Category Archives: U.S. Department of Transportation

Obama admin to give companies more time to upgrade DOT-111 & C-1232 tank cars

Repost from Bloomberg Business News

Revised Oil-Train Safety Rule Said to Delay Upgrade Deadline

by Jim Snyder, February 12, 2015

(Bloomberg) — The Obama administration revised its proposal to prevent oil trains from catching fire in derailments, giving companies more time to upgrade their fleets but sticking with a requirement that new tank cars have thicker walls and better brakes.

The changes, described by three people familiar with the proposal who asked not to be identified because the plan has not been made public, are in proposed regulations the U.S. Transportation Department sent to the White House last week for review prior to being released.

The administration is revising safety standards after a series of oil-train accidents, including a 2013 disaster in Canada that killed 47 people when a runaway train derailed and blew up. Earlier this month a train carrying ethanol derailed and caught fire outside of Dubuque, Iowa. No one was hurt.

Companies that own tank cars opposed the aggressive schedule for modifying cars in the DOT’s July draft, saying it would have cost billions of dollars and could slow oil production. That plan gave companies two years to retrofit cars hauling the most volatile crude oil, including from North Dakota’s booming Bakken field.

Railroads and oil companies fought the brake requirement and proposed a standard for the steel walls that was thinner than suggested by the agency.

‘Too Long’
Karen Darch, the mayor of the Chicago suburb of Barrington, Illinois, and an advocate for safer cars, said she was encouraged that the rules included stronger tank cars and upgraded brakes. She disagreed with adding years to the retrofit deadline.

“Taking more time on something that’s already taken too long is problematic,” Darch said Thursday in a phone interview.

Officials in the President Barack Obama’s Office of Management and Budget could change the proposal before the final version is released, probably in May. Darius Kirkwood, a spokesman at the Pipeline and Hazardous Materials Safety Administration, the Transportation Department unit that wrote the rule, said he couldn’t comment on a proposed rule.

“The department has and will continue to put a premium on getting this critical rule done as quickly as possible, but we’ve always committed ourselves to getting it done right,” Transportation Secretary Anthony Foxx said this month in a statement about the timing of the safety rule.

Rolling Deadlines
The current proposal would require companies to first upgrade tank cars known as DOT-111s, which safety investigators have said are prone to puncture in rail accidents, according to one of the people. Cars with an extra jacket of protection would remain in use longer before undergoing modifications, according to one of the people.

A newer model known as the CPC-1232, which the industry in 2011 voluntarily agreed to build in response to safety concerns, would have a later deadline than the DOT-111s for modification or replacement, three people said.

The CPC-1232s have more protection at the ends of the cars and than the DOT-111s and a reinforced top fitting.

The draft rule also would require that new tank cars be built with steel shells that are 9/16th of an inch thick, the people said. The walls of the current cars, both DOT-111s and CPC-1232s, are 7/16th of an inch thick.

A joint proposal from the American Petroleum Institute and the Association of American Railroads argued to set the tank-car shell thickness at half an inch, or 8/16ths.

Company Lobbying
Railroads and oil companies also lobbied against a proposal that the trains have electronically controlled pneumatic brakes, which are designed to stop all rolling cars at a same time.

The Association of American Railroads in June told Transportation Department officials that the electronic brakes would cost as much as $15,000 for each car and have only a minimal safety impact.

Trains often haul 100 or more tank cars filled with crude. These trains have increasingly been used to haul crude as oil production has boomed in places, like North Dakota, that don’t have enough pipelines.

Rail shipments of oil surged to 408,000 car loads last year from 11,000 in 2009.

KFBK News Radio: How safe is Sacramento?

Repost from KFBK News Radio, Sacramento CA
[Editor: Two part series, both shown below.  Of particular interest: a link to 2014 California Crude Imports by Rail.  Also, at the end of the article an amazing Globe and Mail video animation detailing the moments leading up to the devastating explosion in Lac-Megantic Quebec.  – RS]

Part 1: How Safe is Sacramento When it Comes to Crude-by-Rail?

By Kaitlin Lewis, January 16, 2015


Two different railroad companies transport volatile crude oil to or through Sacramento a few times a month. The trains pass through Truckee, Colfax, Roseville, Sacramento and Davis before reaching a stop in Benicia. Last week, a train carrying the chemical Toluene derailed in Antelope.

KFBK’s Tim Lantz reported that three cars overturned in the derailment. There was initially some concern about a possible Hazmat leak.

Union Pacific Railroad insists over 99 percent of hazardous rail shipments are handled safely.

Most of the oil shipped in California is extremely toxic and heavy Canadian tar sands oil, but an increasing portion of shipments are Bakken crude, which has been responsible for major explosions and fires in derailments.

Firefighters around the region are being trained on how to respond to crude oil spills.

However, Kelly Huston with the California Office of Emergency Services says 40 percent of the state’s firefighters are volunteers.

“They’re challenged right from the get-go of being able to respond to a catastrophic event like a derailment, explosion or spill of a highly volatile compound like crude oil,” Huston said.

Since 2008, crude by rail has increased by 4000 percent across the country.

By 2016, crude-by-rail shipments in California are supposed to rise by a factor of 25.

Union Pacific Railroad hosted a training session in November 2014.

Six out of the eight state fire departments listed as having completed the course confirm they were there.

“We were trained in November,” Jerry Apodaca, Captain of Sac City Fire, said.

When asked when he received the first notification of crude oil coming through, he said he didn’t have an exact date, but that it was probably a month or two prior to the training — in September or October.

Apodaca says the U.S. Department of Transportation requires railroads to notify state officials about Bakken oil shipments.

“Basically it just says in this month’s time, there should be 100,000 gallons going through your community. So it didn’t really specify when, or where, or how many cars or what it looks like,” Apodaca said.

And Paul King, rail safety chief of the California Public Utilities Commission, says it’s not easier to distinguish which lines transport Bakken oil through an online map.

“It was hard to interpret and it was too gross. Basically, the whole state of California on an 8 1/2 by 11 piece of paper with what appears to be a highlighter pen just running through the counties,” King said.

See a map of North American crude by rail.
California rail risk and response.
2014 Crude Imports by Rail

PART 2: How Sacramento’s First Responders Will Deal with Oil Spill


KFBK told you Sacramento’s firefighters were being trained on how to respond to a crude-by-rail derailment after shipments had already been going through the region in Part 1.

In Part 2, KFBK’s Kaitlin Lewis will tell you how Sacramento’s first responders will handle a possible oil spill, and what caused that train derailment along the Feather River Canyon.

It’s called a bomb train.

On July 6, 2013, 47 people were killed in Canada when a 73-car train carrying crude oil derailed.

About 30 buildings in the  Lac-Mégantic downtown district were destroyed. The fire burned for 36 hours.

“If we have a derailment and fire of crude oil, fire departments are going to throw large quantities of water and foam to cool the tanks and to put a blanket on the liquid that’s on the ground to help smother that fire,” Mike Richwine, assistant state fire marshal for Cal Fire, said.

Richwine says that’s the only operation for a spill/fire.

In December, 11 cars carrying corn derailed along the Feather River Canyon.

Paul King, rail safety chief of the California Public Utilities Commission reveals the cause was a rail line break.

“That was probably the most concerning accident because that just as well could have been one of the Bakken oil trains, the corn, you know, ran down the bank. It was heavy, and it consequently does put more force on the rail, but it’s about the same weight as an oil train,” King said.

Aaron Hunt, a spokesman for Union Pacific says California has more than 40 track inspectors and 470 track maintenance employees.

“In addition to that, cutting edge technology that we put in to use for track inspection. One of those technologies is our geometry car. It measures using lasers and ultrasonic waves, the space between the two rails — makes sure that space is accurate,” Hunt said.

But Kelly Huston, deputy director of California’s Office of Emergency Services says the real challenge is preparedness in remote areas like the Feather River Canyon, which is designated as a High Hazard Area due to historic derailments.

“In some more metropolitan areas, your response may be quicker and they’ll have that gear and the training and knowledge of, like, how do we fight this kind of fire? And in some areas, like in the more remote areas like we talked about in the Feather River Canyon there’s going to be perhaps maybe volunteer firefighters that have the basic equipment,” Huston said.

The Feather River feeds the California Water Project, which provides drinking water for millions of Californians. The nearest first responder is Butte County Fire Department, which is approximately 31 miles away.

Groups Question Industry Influence on Oil Train Safety Rules, submit FOI request

Press Release from ForestEthics

Groups Question Industry Influence on Oil Train Safety Rules

Freedom of Information Requests Target Five Federal Agencies, Nearly 100 Lobbyists

By Eddie Scher, Jan 15, 2015

Today four public interest groups requested records exchanged between five US government agencies and nearly 100 oil and rail industry representatives on new oil train safety standards. The Department of Transportation announced yesterday that the agency would miss the January 15 deadline set by Congress and issue final rules by May 12, 2015.

“New oil train safety standards are decades late: the National Transportation Safety Board first called antiquated DOT-111 tank cars unsafe for hauling crude oil in 1991,” says Ross Hammond, ForestEthics US campaigns director. “But the administration seems to have trouble asking the oil and rail industry for common sense safety standards like speed limits, sharing information with firefighters, and a ban of the most dangerous cars.”

The Freedom of Information Act requests filed by ForestEthicsCommunities for a Better Environment, Ezra Prentice Homes Tenants Association (Albany, NY), and Citizens Acting or Rail Safety (La Crosse, WI) name 97 individual lobbyists from the American Petroleum Institute, Association of American Railroads and specific oil and rail companies, including Chevron, Tesoro, and Burlington Northern Santa Fe (BNSF). Among the lobbyists named are six former members of Congress: Trent Lott, Vin Weber, John Breaux, Steve LaTourette, Max Sandlin and Bill Lipinski.

“The public has the right to know how an army of lobbyists is influencing the Department of Transportation,” says Ross Hammond, ForestEthics US campaigns director. “Oil trains carrying millions of gallons of toxic, explosive crude oil threaten the 25 million Americans who live in the blast zone. DOT should listen their own safety experts and quickly finalize strong new standards that take DOT-111s off the tracks, slow these trains down, prepare first responders and protect families.”

Government agencies and officials covered by this FOIA request are US Department of Transportation, National Transportation Safety Board, Surface Transportation Board, Federal Railroad Administration, and Pipeline and Hazardous Materials Safety Administration (PHMSA).

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ForestEthics demands that corporations and government protect community health, the climate, and our wild places. We’ve secured the protection of 65 million acres of wilderness by pushing major companies to shift hundreds of millions of dollars to responsible purchasing. www.ForestEthics.org

Federal budget bill sets January deadline on safety rules for oil tanker cars

Repost from The Seattle Post Intelligencer (seattlepi.com)

Federal budget bill sets January deadline on safety rules for oil tanker cars

December 10, 2014 | By Joel Connelly
Tanker cars from a derailed CSX oil train burn after derailing in downtown Lynchburg, Virginia, last April. Increasing numbers of oil trains pass through Seattle and other Puget Sound cities en route to four refineries on northern Puget Sound. (AP Photo/City of Lynchburg, LuAnn Hunt)

Hidden away in Congress’ big spending bill, designed to fund the federal government through FY 2015, are stern marching orders to the U.S. Department of Transportation:

Deliver a final rule for new, safer oil tank car design standards by Jan. 15, 2015, and require that all rail carriers put in place comprehensive oil spill response plans.

The budget provisions, inserted by Sens. Patty Murray, D-Wash., and Susan Collins, R-Maine, are prompted by an oil train disaster in Quebec, and the rapid increase in trains carrying volatile Bakken crude oil from North Dakota to four refineries on northern Puget Sound.

“In Washington state, we’ve seen a startling increase in oil train traffic through communities of all sizes, from downtown Seattle to smaller, rural communities across the state,” said Murray, who has chaired the Senate Appropriations subcommittee on transportation.

“That’s why I worked to set a deadline for the Department of Transportation to issue new safety standards for tank cars next month and worked to fund a Shirt Line Railroad Safety Institute that will help protect smaller communities without sufficient resources to respond to oil trains.”

Oil tanker cars derailed under the Magnolia Bridge.  No harm done, but not the case elsewhere.

An old adage applies to the oil train issue: There’s nothing like a hanging in the morning to focus the mind.

In July of 2013, brakes failed and an unmanned runaway train sped into the small town of Lac-Megantic, Quebec, just over the border from Maine. It blew up, killing 47 people and leveling downtown.

The train was using 1960′s-designed DOT-111 tank cars. Another train, using DOT-111 cars, exploded into mushroom-cloud flames last December outside Casselton, N.D.. It forced evacuation of more than 2,000 people from the small town.

While promising new safety measures, the Department of Transportation has been criticized for giving railroads too much wiggle room.

The DOT said last summer it is setting a two-year deadline for getting DOT-111 tank cars off the rails. In reading the fine print, however, the clock would begin ticking in September of 2015 — giving rail carriers more than three years to stop use of the explosion-prone tank cars.

The federal budget bill would make available $10 million in grants to improve safety at railroad grade crossings that handle crude oil or other hazardous flammable liquids.

The DOT gets resources to hire 15 new hazardous-materials and rail-safety inspectors and $3 million to expand the use of automated track inspections to make sure rail tracks are maintained on crude oil transportation routes.

In this Aug. 8, 2012 photo, a DOT-111 rail tanker passes through Council Bluffs, Iowa. DOT-111 rail cars being used to ship crude oil from North Dakota's Bakken region are an "unacceptable public risk," and even cars voluntarily upgraded by the industry may not be sufficient, a member of the National Transportation Safety Board said Wednesday, Feb. 16, 2014. The cars were involved in derailments of oil trains in Casselton, N.D., and Lac-Megantic, Quebec, just across the U.S. border, NTSB member Robert Sumwalt said at a House Transportation subcommittee hearing. (AP Photo/Nati Harnik, File)

Refiners and shippers have responded.

Tesoro has stopped use of DOT-111 tank cars to supply its Anacortes refinery. The Burlington Northern-Santa Fe Railroad has announced a purchase of new, safer tank cars.

But the railroads have continued to resist making full, up-to-date information on oil shipments available to state and local emergency responders. They are fearful the information will be made public.

While Murray is touting its oil train provisions, the $1.1 trillion spending bill has drawn some fire from the political left.

Republicans have secured concessions, loosening Wall Street regulation and letting wealthy donors give more to political campaigns. The bill has slightly weakened school lunch nutrition standards championed by first lady Michelle Obama.

Liberal Rep. Jim McDermott, D-Wash., is voting against the bill.

“It is inconceivable that Congress would cut crucial regulations in the Dodd-Frank Act, when risky derivatives trading was at the center of the 2008 financial crisis,” said McDermott.

“Why is Congress giving Wall Street a massive Christmas present, when so many hard-working Americans are struggling to make ends meet?”