U.S. DOT: Stronger Rail Cars Must Be in Place By 2020

After several accidents involving trains carrying crude oil in the past few years, including one in southern West Virginia, the U.S. Department of Transportation has announced new rules to make rail shipping safer.

The new rules apply to rail shipments of flammable and hazardous materials, like crude oil and ethanol. 

They include phasing out some of the most widely used rail cars in the industry, like the CPC 1232s involved in the February derailment in Fayette County. That crash resulted in a massive fire that evacuated dozens of people from their homes.

Cars like CPC 1232s must be retrofitted by 2017 or phased out of use by 2020. Manufacturers are also required to begin producing new cars with thicker steel walls and thermal jackets to prevent punctures and fires.

USDOT Secreatary Anthony Foxx at the announcement of new rules for train cars Friday.

“One of the challenges with this rule, quite frankly, is that we’re dealing with prospective risk,” U.S. DOT Secretary Anthony Foxx said at the press conference releasing the strengthened regulations, “an industry that continues to grow, a use of transportation that continues to expand and the fact that we’ve got to think ahead of the problem.”

“So, this rule is recognizing that we’ve got a growing risk and its attempting to put some brackets around that risk and reduce the risk to the public.”

The rules also require trains carrying flammable liquids at more than 30 miles per hour be equipped with specialty breaks and those traveling through densely populated areas slow to 40 miles per hour.

Sen. Manchin on Crude-By-Rail Safety: 'I Want to See Progress'

U.S. Senator Joe Manchin says he’ll speak with other members of Senate Commerce Committee about crude-by-rail safety following last week’s train derailment in Fayette County.

During a conference call with reporters Monday, Manchin said he has “no qualms” about asking the Senate to conduct a full investigation into the incident once he’s spoken to other senators with information on the issue.

Manchin cited a U.S. Department of Transportation study that predicts up to 10 Bakken crude derailments each year given the increase in shipments. He noted nearly 11,000 carloads were shipped in the country in 2009 and increased to nearly 100,000 in just the first quarter of 2013. He said those figures are cause for an increase in concern regarding crude-by-rail safety.

“I don’t think it’s acceptable to say you’re doing everything possible to be safe when I see what I saw what happened in my state,” said Manchin. “So, they can tell me that all they want to but I want to see progress and in which direction and how quickly we’re going to get there.”

Manchin also said he sees both sides as to whether oil shipment data should be publicly released by the state Department of Homeland Security and Emergency Management.

The U.S. Department of Transportation requires rail companies to file this information with state emergency officials.

Manchin said he sees the potential for terrorist organizations to use this data but also understands why homeowners who live near these shipments might also find them useful.

“I believe that people that should know do know and all the people that have been trained should be trained properly to handle whatever HAZMAT material we’re moving through our state. They should have all access to this,” said Manchin.

“That’s going to be a policy decision that governor and the legislature is going to have to make in Charleston. I can understand the logic both ways,” he added.

Some states have made this information public, although West Virginia officials have repeatedly declined to do so.

The Federal Railroad Administration has said the oil shipment data is neither security sensitive nor proprietary. That agency is leading the investigation into last Monday’s derailment.

Va. Fines CSX $361,000 for April 2014 Lynchburg Derailment

  Virginia environmental officials are proposing a $361,000 fine against CSX Transportation for an April 2014 train derailment that dumped nearly 30,000 gallons of Bakken crude oil into the James River in Lynchburg.

The state Department of Environmental Quality announced the proposed consent order with the rail company on Monday. The April 30 derailment saw 17 cars derail, with three going into the river and one catching fire.

The DEQ says of the crude oil that escaped the tank car, 98 percent was consumed in a fire.

The department said water quality checks of the James from Lynchburg to Richmond several days after the derailment found no environmental problems.

The consent order also calls for CSX to pay more than $18,000 for DEQ’s investigative costs.

Another CSX-owned train carrying the same Bakken Crude oil derailed along the Fayette-Kanawha county line in West Virginia last week. The Federal Railroad Administration is investigating the cause of the incident. 

Rail Car Company Urges DOT to Finalize New Safety Rules

One of the companies that builds the type of rail tank car involved in Monday’s train derailment in Fayette County is urging the U.S. Department of Transportation to finalize new rules for modernizing those cars.

The Greenbrier Companies based in Lake Oswego, Oregon is one of five manufacturers in North America that produce freight-rail tank cars used for transporting Class I hazardous material such as the Bakken crude oil that spilled in Fayette County. The company also retrofits older tank cars to make them safer.

Their work comes at a point when the federal-level Department of Transportation is developing regulations for phasing out older tank cars and setting increased safety standards for new ones.

Greg Saxton, Greenbrier’s chief engineer of manufacturing operations, says the new regulations are under review by the White House’s Office of Management and Budget, or OMB. The deadline to finalize those rules was recently pushed back. Saxton says a change in regulations is long overdue and he has a message for the DOT:

“Get on with it. You know this rule was supposed to be out the first of this year. Then around the first of the year, they says we’re going to get it out on May 12. Well, this has been going on a lot longer than a couple years, as I say.”

He says the National Transportation Safety Board recognized there were problems with the older generation of rail tank cars more than 20 years ago.“I don’t know how this goes on forever, but we want it to stop.”

Greenbrier spokesman Jack Isselmann says the OMB’s job is to balance the cost of the new regulations with the benefits. He says that while the accidents in the U.S. have produced stunning pictures and video, they have caused relatively little damage in terms of loss of life and property. As a result, the potential costs associated with the regulations tend to be underestimated.

“The way that gets played out in a regulatory impact analysis is you’re going to make these safety improvements, but questions get raised about the benefit because we just haven’t seen accidents creating, you know, human health issues at the level that could happen or certainly at the level that happened at Quebec.”

He was referring to a rail disaster in Lac-Megantic Canada that killed 47 people and destroyed 30 buildings.

Isselmann says the public’s perception of rail safety is also an important factor in measuring the benefits of new regulations, but is overlooked in the process.

“It’s really incumbent upon all of us who work in the rail industry to reassure the public and the role of public confidence is critical here. That doesn’t get measured in a regulatory impact analysis.” 

Isselmann says Greenbrier is committed to moving rail tank car safety forward. The company is building a new tank car that it says exceeds the current safety standards set by the DOT. The company calls it the Tank Car of the Future. It has a thicker shell, improved valves and heat shields that could mitigate some of the damage caused the derailments involving hazardous material.

West Virginia Oil Train 1 of 3 that Recently Derailed with Tank Cars Meeting Safer Standards

  The fiery derailment of a train carrying crude oil in West Virginia is one of three in the past year involving tank cars that already meet a higher safety standard than what federal law requires — leading some to suggest even tougher requirements that industry representatives say would be costly.

Hundreds of families were evacuated and nearby water treatment plants were temporarily shut down after cars derailed from a train carrying 3 million gallons of North Dakota crude Monday, shooting fireballs into the sky, leaking oil into a Kanawha River tributary and burning down a house nearby. It was snowing at the time, but it is not yet clear if weather was a factor.

The train’s tanks were a newer model — the 1232 — designed during safety upgrades voluntarily adopted by the industry four years ago. The same model spilled oil and caught fire in Timmins, Ontario on Saturday, and last year in Lynchburg, Virginia.

A series of ruptures and fires have prompted the administration of President Barack Obama to consider requiring upgrades such as thicker tanks, shields to prevent tankers from crumpling, rollover protections and electronic brakes that could make cars stop simultaneously, rather than slam into each other.

If approved, increased safety requirements now under White House review would phase out tens of thousands of older tank cars being used to carry highly flammable liquids.

“This accident is another reminder of the need to improve the safety of transporting hazardous materials by rail,” said Christopher Hart, acting chairman of the National Transportation Safety Board.

Oil industry officials had been opposed to further upgrading the 1232 cars because of costs. But late last year they changed their position and joined with the railway industry to support some upgrades, although they asked for time to make the improvements.

Oil shipments by rail jumped from 9,500 carloads in 2008 to more than 435,000 in 2013, driven by a boom in the Bakken oil patch of North Dakota and Montana, where pipeline limitations force 70 percent of the crude to move by rail, according to American Fuel and Petrochemical Manufacturers.

The downside: Trains hauling Bakken-region oil have been involved in major accidents in Virginia, North Dakota, Oklahoma, Alabama and Canada, where 47 people were killed by an explosive derailment in 2013 in Lac-Megantic, Quebec.

Reports of leaks and other oil releases from tank cars are up as well, from 12 in 2008 to 186 last year, according to Department of Transportation records reviewed by The Associated Press.

Just Saturday — two days before the West Virginia wreck — 29 cars of a 100-car Canadian National Railway train carrying diluted bitumen crude derailed in a remote area 50 miles south of Timmins, Ontario, spilling oil and catching fire. That train was headed from Alberta to Eastern Canada.

The train Monday was bound for an oil shipping depot in Yorktown, Virginia, along the same route where three tanker cars plunged into the James River in Lynchburg, Virginia, prompting an evacuation last year.

The train derailed near unincorporated Mount Carbon just after passing through Montgomery, a town of 1,946, on a stretch where the rails wind past businesses and homes crowded between the water and the steep, tree-covered hills. All but two of the train’s 109 cars were tank cars, and 26 of them left the tracks.

Fire crews had little choice but to let the tanks burn themselves out. Each carried up to 30,000 gallons of crude. Oil cars were still burning Tuesday evening.

One person — the owner of the destroyed home — was treated for smoke inhalation, but no other injuries were reported, according to the train company, CSX. The two-person crew, an engineer and conductor, managed to decouple the train’s engines from the wreck behind it and walk away unharmed.

The NTSB said its investigators will compare this wreck to others including Lynchburg and one near Casselton, N.D., when a Bakken crude train created a huge fireball that forced the evacuation of the farming town.

No cause has been determined, said CSX regional vice president Randy Cheetham. He said the tracks had been inspected just three days before the wreck.

“They’ll look at train handling, look at the track, look at the cars. But until they get in there and do their investigation, it’s unwise to do any type of speculation,” he said.

By Tuesday evening, power crews were restoring electricity, water treatment plants were going back online, and most of the local residents were back home. Initial tests showed no crude near water plant intake points, state Environmental Protection spokeswoman Kelley Gillenwater said.

State officials do have some say over rail safety.

Railroads are required by federal order to tell state emergency officials where trains carrying Bakken crude are traveling. CSX and other railroads called this information proprietary, but more than 20 states rejected the industry’s argument, informing the public as well as first-responders about the crude moving through their communities.

West Virginia is among those keeping it secret. State officials responded to an AP Freedom of Information request by releasing documents redacted to remove nearly every detail.

There are no plans to reconsider after this latest derailment, said Melissa Cross, a program manager for the West Virginia Division of Homeland Security and Emergency Management.

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