Former NTSB Official: ‘Everybody’s Got To Do Better’ With Crude-By-Rail Transport

After Monday’s CSX train derailment in Fayette County, attention has turned to a national discussion regarding the safety of crude-by-rail transportation.

Peter Goelz is a former managing director of the National Transportation Safety Board. His responsibilities at the NTSB included leading the day-to-day operations of the agency and serving as chief policy advisor to the chairman. He is now senior vice president of O’Nell and Associates, a firm offering government relations and communications services related to a variety of industries, including transportation.

You can stream audio of an interview with Goelz  or read highlights below:

On Train Derailments and Crude-By-Rail

“There are two things that you have to remember. One is that the railroads have no choice in what cargo they have to carry. By the rules of common carriage, they have to take what’s offered and they’ve got to move it. While there’s been an increase in the number of tank cars that are moving by rail, it’s still a fairly small number—I think, less than two percent of the total rail cars moving.  Having said that, accidents like this are disturbing and everybody’s got to do better.”

On Bakken Crude Oil

“There is an issue that’s being examined on whether the Bakken oil has some sort of increased flammability to it and whether it needs to be pretreated or not before it goes into the tank cars for movement. Some oil in west Texas is pretreated because of flammability issues. There have been a couple of studies that have indicated there is some increase in flammability. But, as far as I know PHMSA has not issued a ruling on it. There’s been no definitive decision that this stuff is more flammable and should be pretreated before going into tank cars.”

Credit Office of Governor Earl Ray Tomblin
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On The U.S. Department of Transportation’s Rules for Crude-By Rail Tankers

“The issue of tanker cars has been debated for years. And the reality is that one of the issues has been cost-benefit analysis, which is now a part of every rulemaking that the government puts in. People are opposed to government intrusion into business. So, that cost-benefit analysis has to be done. The railroad industry, in 2011, asked PHMSA to increase the tank car standards. They believe the standards now—even on the 1232’s, the new cars—that these need to be updated and could be stronger. The railroad, as I said, has to take this stuff. They don’t like these accidents any more than the people in the localities like them and they want the rail cars to be stronger.”

On Progress of Tanker Car Safety Improvements

“I think the 1232’s are an improvement over the older cars. But, the reality of it is this: There may be 80,000 of the older tank cars out there and another 30,000 of the new cars. The increase in domestic oil production over the past four or five years has led to a couple things. One is the price of gas has dropped dramatically. The second is the United States is no longer dependent on Middle East oil. Those are two good things. The issue is, can we do better on transporting oil by rail? Or, can we do better transporting it by pipeline? And the answer is yes. Transporting oil by rail, 99.995 percent of all tank cars reach their destination safely. Now, that seems probably like a hollow figure to the folks who are living near this wreck. But, can we do better? We can always do better.”

On Whether Or Not West Virginia Should Provide Oil Shipment Data to the Public

“The issue is: should local communities have the routing data for trains carrying crude oil or hazardous materials. And, I think the railroad’s broad position on this is, first off, they’ll follow the law. But, secondly, they think that people that need to know ought to have that information. That first responders, that emergency responders on the state and local level, they need to have that information but that it shouldn’t be widely broadcast and widely available. There have been indications in terrorist publications that attacking crude oil or HAZMAT trains has been on their agenda and I don’t think it’s wise that we give potential terrorists all the information they need to plan an attack. One of the things that makes it difficult to attack a train is that freight trains don’t move by regular schedules. They move when they’re ready to go. And I think that’s a plus from a security standpoint. I think the state of West Virginia and the emergency managers get that information and share it as they see fit, I’m sure.” 

Note: Other states have allowed oil shipment data to become public. In October 2014, McClatchy DC reported that The Federal Railroad Administration concluded “Bakken train data isn’t sensitive on either a security or commercial basis, nor is it protected from disclosure by any federal law.”

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.

Like Father, Like Son in the W. Va. Legislature

At the legislature today, yesterday's train derailment in Fayette County was the subject of two floor speeches in the Senate. One came with a stern…

At the legislature today, yesterday’s train derailment in Fayette County was the subject of two floor speeches in the Senate. One came with a stern reminder about water safety. And this year West Virginia’s legislature contains both a father-daughter and father-son team of lawmakers. We’ll meet one pair tonight on The Legislature Today.

WVU Tech Cancels Classes For Remainder of Week due to Train Derailment

WVU Tech has canceled classes for the rest of the week  of Monday, February 17, and campus residents will be provided off-site accommodations.

The cancelation is due to a water intake closure following a train derailment along the Fayette-Kanawha county line which spilled crude oil into the Kanawha River,

Here is the full release:

WVU Tech Cancels Classes following Off-Campus Incident

WVU Tech cancels classes for remainder of week due to water intake closure, off-campus incident. Classes to resume at 8 a.m. on Monday, February 23, 2015.

Since water service on campus is not expected to be restored for another 48 to 72 hours, classes will be cancelled for the remainder of this week. We plan to resume classes on Monday, February 23, 2015 at 8:00 a.m.

With cooperation from CSX, Mountain State University and the University of Charleston, residential accommodations will be provided to WVU Tech on-campus students in residence hall facilities in Beckley and the Beckley Marriott Courtyard will be used as overflow space, if necessary. Buses will be on campus this afternoon to transport students to Beckley. Arrangements for food service have been made and University Police and Residence Life staff will be on site. WVU Tech residence hall policies and the student code of conduct will be in effect on the Beckley campus.

Residence halls on the Montgomery campus will close today at 5:00 p.m. and will remain closed until after water service on campus is restored

http://wvute.ch/17izgSS

Five Things to Know About the Fayette Co. Train Derailment

On Monday, a 109-car CSX train derailed along the Fayette-Kanawha county line, causing crude oil to spill into the Kanawha River, giant fireballs to stretch hundreds of feet into the air and one home to catch fire.

Governor Earl Ray Tomblin has placed Fayette and Kanawha counties under a state of emergency as emergency officials continue to respond.

Here are five things to know about Monday’s derailment: 

1. The train was hauling Bakkan crude oil from North Dakota, which is considered dangerous by federal regulators.

According to a January 2014 report from Bloomberg Business, the federal Pipeline and Hazardous Materials Safety Administration said crude oil produced in this region may be more flammable and dangerous to ship by rail than that of other regions. The agency came to that conclusion after a four-month study. 

2. Water sources continue to be limited for those in the affected area and testing has begun.

Updated Tuesday, February 18, 2015 at 12:00 p.m.

Both intakes are now reopened. Water samples have showed no trace of crude oil.

From the original post: West Virginia American Water initially closed two intakes, one in Montgomery and another further downstream in Cedar Grove. State Department of Military Affairs and Public Safety spokesman Lawrence Messina said the Montgomery treatment plant, which remains shut down, still had water in its reserves as of 10 p.m. and the Cedar Grove intake has been reopened. The Cedar Grove treatment plant continues to monitor approaching water for signs of crude oil from the derailment. 

Members of the West Virginia National Guard’s 35th Civil Support Team have begun drawing samples to test for the spilled crude oil. Personnel from the West Virginia Department of Environmental Protection are on site assisting in gauging the potential threat to the area’s water. 

West Virginia American Water, with help from the West Virginia Department of Transportation, is providing two 8,000 gallon tankers to supply Montgomery General Hospital and a nearby long-term care facility. The water company is also providing potable water for customers serviced by the Montgomery intake. 

3. Shelters are being established for those in the affected area.

While local responders had estimated that as many as 1,000 area residents might be affected, only 85 were in local shelters late Monday evening, according to the news release from the state Department of Military Affairs and Public Safety.

Nonetheless, shelters for those who had been evacuated are open and CSX has established a community outreach center.

4. West Virginia officials refused to release oil train shipment data last year.

In October 2014, Ken Ward of the Charleston Gazette reported that state officials refused to release information provided by CSX regarding the company’s shipment of crude oil through West Virginia.  Department of Homeland Security and Emergency Management director Jimmy Gionato said information, requested by Ward and the Gazette via a Freedom of Information Act request, contained “trade secrets or confidential locations” that would be exempt from public disclosure. Oil shipment data is required to be filed with state emergency response agencies, as per the Obama Administration. 

5. Many questions about the incident remain unanswered.

CSX says the amount of crude oil that spilled into the river is currently unknown. The company also says the cause of the derailment is under investigation.

State public safety spokesperson Lawrence Messina says that initial reports of one or more train cars winding up in the river does not appear to be the case.

Where to Seek Shelter in Fayette County

After a train derailment near the Fayette- Kanawha County line Monday afternoon, residents within a half mile radius of Armstrong Creek Road are being asked to evacuate their homes, according to a press release from the West Virginia State Police. 

A representative of a West Virginia chapter of the American Red Cross says some shelters have been made available, but Red Cross workers who were attempting to set up an overnight shelter at Valley High School in Smithers were not able to reach the location as of 5 p.m. Monday.

The Red Cross will continue to try to reach the location, but Valley High is open to evacuees as a place to stay warm.

Evacuation / Shelter Locations:

A Red Cross representative said the Armstrong Creek and Falls View Community Centers are also open for evacuees, but are not Red Cross sponsored centers with overnight accommodations. 
For more information about shelters, contact the Montgomery Fire Department at 304-442-5139.

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