crude-by-rail

By Robert Bellefluer - La Coalition of Citizens and Organizations Committed to Rail Safety, April 29, 2023

On Saturday, April 29, 2023, prior to the screening of Academy Award-nominated director Philippe Falardeau (“The Good Lie”) and co-producer Nancy Guerin’s four-episode documentary series, Lac-Megantic:  This Is Not an Accident, a press conference is scheduled at 2:00 P.M. Eastern in the Alterna Savings Room on the ground floor of the Centre for Social Innovation,192 Spadina Avenue, Toronto, ON M5T 2C2, Canada. Residents of Lac-Mégantic along with members of Railroad Workers United and the Sierra Club are among a lineup of those who are demanding railroad safety now. 

A tragedy that should have been prevented, Lac-Mégantic’s Citizens Coalition for Railroad Safety member Gilbert Carett recalls, “Years before July 6, 2013, residents reported the industry for rolling poorly maintained, longer and heavier convoys carrying more crude oil, propane, and other chemicals on worn-out rails.” He cites a conflict of interest when, “security inspections are made by the companies themselves and are approved by their own authorities.”

No train derailment in our railroading history showcases the systemic failure of private railroad industry more comprehensively than the tragedy of Lac-Mégantic in Quebec, Canada, when a runaway train disaster sparked a series of events revealing an abyss of corporate greed, regulatory capture, disregard for human life, and scapegoating embedded in daily private corporate operations. “We call out for a public investigation of the July 6, 2013 destruction of our downtown,” insists Carett.

From the decimation of Lac-Mégantic to a recent intentional release and burn in East Palestine, OH that ignited a chemical so deadly its use as a weapon was banned in warfare after WWI, North America can only draw upon a single conclusion: “These events reveal completely that after 200 years of North American railroading, private ownership of this industry can never possibly work. It never has, and it never will,” affirms Karl ‘Fritz’ Edler, Special Representative of Railroad Workers United, Washington D.C.

By Justin Mikulka - DeSmog, March 31, 2023

In July of 2013, a train carrying Bakken oil from North Dakota derailed and exploded in Lac-Mégantic, Quebec, killing 47 people and destroying the downtown. I spent the five years after that accident researching what happened, following the railroad regulatory process that spans the U.S.-Canada border, and publishing a book about that experience. The main lesson of that book was that the regulatory process in America is deeply flawed and controlled by industry — both rail and oil interests. 

As we approach the 10-year anniversary of Lac-Mégantic, the disaster in East Palestine shows just how little was done to protect the public from these dangerous trains. Meanwhile, the public is facing new rail risks that are receiving scant attention — and once again federal regulators are allowing industry to move forward without proper consideration of the health and safety risks. I live three blocks from a busy rail line and what worries me the most when I hear the trains rumble past is not that they’re carrying vinyl chloride or even Bakken oil, but the looming risk of mile-long trains of liquefied natural gas (LNG) and hydrogen. 

In 2019, then-President Trump issued an executive order to fast-track new regulations that would allow shipping liquefied natural gas by rail without any meaningful guardrails on its transport. 

But Earthjustice and other organizations sued the administration over this move, citing the perils. “It would only take 22 tank cars to hold the equivalent energy of the Hiroshima bomb,” according to Earthjustice attorney Jordan Luebkemann. 

Modeling by the Pipeline and Hazardous Materials Safety Administration (PHMSA) estimates that for a train pulling 100 tank cars of LNG and traveling at 40 miles per hour, a derailment is expected to cause four punctures in the tank cars. 

The Biden administration is reviewing this Trump-era regulation, but the only sensible option is to ban the movement of LNG-by-rail. 

Over the last year, Russia’s invasion of Ukraine has upset global energy markets, giving a big boost to plans to increase exports of American LNG overseas and placing pressure to move as much LNG as possible as quickly as possible — including by rail.

By Robert Bartlett - Solidarity, February 22, 2023

In the wake of the bipartisan congressional imposition of a rail contract in December, there has been a focus on the inability to at least provide some sick days for rail workers, a “privilege” they have never had. What is lost in centering the dispute on that admittedly absurd denial is the overall deterioration of work conditions in an industry which has always been known for its focus on profits over safety for both workers and the communities through which trains pass.

The train derailment in eastern Ohio has brought the consequences of putting profit over safety into sharp focus for those willing to look beyond the catastrophic predictions of doom should rail workers be allowed to strike. Before going into the detailed analysis of the Ohio disaster provided by the cross-craft group Railroad Workers United (RWU) https://myemail.constantcontact.com/Special-Report–Monster-Train-Wreck-in-Ohio.html?soid=1116509035139&aid=fzMOujXbqBo let me describe some of the trends in how the railroads have traditionally operated from when I first hired out as a brakeman on the Chicago and Northwestern Railroad (now consolidated into the Union Pacific) in 1974. I speak with the most familiarity of what train crews coped with every day.

In 1974 when decent paying industrial jobs were relatively easy to find, the turnover on my railroad was constant. My first week on the job consisted of being in a training class with about 15 other new hires. We spent a week learning some rudiments of the job and the “Rule Book” which detailed all the safety rules that we were supposed to follow. People used to joke that every rule was based upon some accident that either caused an injury or death to a rail worker and there was certainly truth to that. The skill that they focused on was on how to get on and off moving equipment, i.e. engines and rail cars. This is an inherently dangerous thing to do under any circumstance, since if you miss getting your foot into the “stirrup” at the bottom of the ladder on the side of a boxcar you at best might be dragged alongside the car until you extracted yourself or in the worst case you might be run over by the wheels and either dismembered or killed. You were expected to do this at all times of the day or night, in conditions of rain, sleet, or snow.

Once you got on, you were expected to climb to the top of boxcars to tighten or loosen manual brakes -all while the train was moving. Newer boxcars were safer in that the brakes were only about 5 feet off the ground, while older rolling stock had brakes at the top of the car. These antiquated cars should have either been retired or retrofitted with lower brakes, but the practice of railroads was to use the equipment until it wore out. Eventually in the 1990s the rules changed and to get on and off the car or engine, it needed to be standing.

In a class of 15, like the one I was in, more than half of the people quit the job within months. It wasn’t the dangerous conditions so much that forced people to look for another job, it was the irregular schedule of never knowing when you were going to be called into work. When a recession hit the economy around 1980, and with the decline of industries like steel and auto, those other high paying semi-skilled union jobs largely disappeared and then the turnover slowed down. Recently, with the worsening of conditions in all the rail crafts, turnover has increased even in rural areas where a rail job used to be highly coveted and clung to in the midst of the depopulation of small towns. 

By Staff - Sierra Club Illinois Chapter, August 10, 2021

“Just because an industry can do something doesn't mean an industry should be doing it!” says Fritz Edler, a veteran railroader and railroad safety activist based in Washington, D.C.

Edler should know: He has broad knowledge about infrastructure, energy, environmental impact, and economics for heavy (freight) and light (passenger) rail in national and international contexts. He also headed the international defense effort for rail workers who were scapegoated after the horrific 2013 Lac-Mégantic, Quebec, volatile oil train wreck.

A special guest at La Coalition's campaign planning meeting in August, Edler shared insights on what the public can do to safeguard against catastrophic train events:

1. Oppose precision scheduled railroading (PSR). PSR jeopardizes engineer and public safety by encouraging risky industry decision-making and focusing exclusively on lowering the operating ratio to satisfy Wall Street and hedge fund investors. PSR is now the subject of Congressional inquiries. 
2. Demand sane scheduling and uninterrupted rest time. This will mitigate out-of-control crew fatigue. 
3. Oppose longer trains. Technological advances allow the operation of longer and heavier trains than ever before, yet safety standards do not address these changes. Longer, heavier trains shift costs to trackside communities in multiple ways. They greatly increase wear and tear on rail infrastructure without requiring increased inspection and maintenance. Longer trains (100+ cars, over 1 mile long) also are significantly more likely to block railway crossings—which inconveniences the public and risks delaying first responders up to 15 minutes.
4. Require emergency response plans (including fire and hazmat) for all changes in freight traffic, and publicly review the adequacy of the plans.
5. Demand a minimum of a two-member crew on every train. Some operations require more workers to adequately protect both crew and trackside communities. The optimal number is three to five engineers on a train.
6. Regulate railroads as the public utilities they have historically been. Limit hedge funds’ power and Wall Street’s involvement in the industry because they promote profits over public safety.
7. Demand appropriate maintenance and oversight of railroad corridors.
8. Demand restoration of meaningful whistle-blower protections. These should include significant penalties for evasion and misconduct. Whistle-blower protection is essential for guaranteeing railway safeguards.
9. Support railroad upgrade efforts that include critical safety and operation improvements for both freight and passenger service. Upgraded railroad crossings are a prerequisite for most expanded and improved rail passenger services and higher-speed freight services—for safety and public convenience. 
10. Support railroads as a vital part in America's Green Transportation future. Press legislators to support the Green New Deal and high-speed rail legislation, which guarantee the inclusion of rail projects that advance freight and passenger services. 

Last, Edler recommended that the public be skeptical when considering support for new advances in railroading, such as remotely operated trains. It’s important to avoid new problems in an already compromised industry. 

By Deeda Seed and Adair Kovac - Center for Biological Diversity, et. al., August 2021

Every year Utah receives tens of millions of dollars in federal lease revenues and royalties from oil, gas and mineral extraction as a way to help mitigate the impacts of drilling and mining. Even before scientists linked fossil fuels to the climate crisis, Congress intended this money to be used to help rural communities experiencing rapid growth and infrastructure challenges. The influx of new workers and increased drilling and mining take a toll on communities.

This report from the Utah Clean Infrastructure Coalition shows that, since 2009, the little-known board charged with distributing this public money has funneled more than $109 million to projects that promote or expand fossil fuel extraction in violation of the federal Mineral Leasing Act. That includes more than $2.2 million approved after a state audit found the board was using the public funds improperly.

We examined dozens of public records — including the 2020 audit of the Permanent Community Impact Fund Board by the Utah Legislative Auditor General, meeting minutes, audio tapes and project documents — and found that:

• Since 2009 the Permanent Community Impact Fund Board, or CIB, has issued $109 million in grants and low- or no-interest loans — all of it public money — to finance road construction, engineering studies, attorney fees and other costs to enable fossil fuel development on public and private land. Beneficiaries include well-connected private firms trying to get approval for the proposed $1.5 billion Uinta Basin Railway.
• Over the past two years small towns, cities and special improvement districts in two counties have identified more than $60 million for community improvement projects that have not yet been funded. Unfunded projects include water and sewer services, recreation centers, road improvements and public safety equipment. Over this same period, the CIB gave more than $48 million in grants to fossil-fuel related projects.
• The Utah Legislature failed to oversee the board’s activities. Even worse, in 2021 it changed state law to allow mineral lease revenues and royalties to finance fossil-fuel infrastructure projects, which is illegal under federal law. The new law followed the 2020 state audit criticizing the board’s spending and haphazard decision-making.
• County governments and local agencies continue to seek public funding for projects that facilitate fossil fuel extraction and enrich private corporations over community needs. Since the audit, Uintah County commissioners approved seeking $39 million in public funds to help a private, Ogden-based oil company build a 640-acre oil refinery in eastern Utah.3 The proposed $1.4 billion Uintah Advantage refinery would have the capacity to refine 40,000 barrels of oil a day, and it may also include a rail yard for the proposed Uinta Basin Railway.

The CIB must stop funding fossil fuel development projects. The Utah Legislature should oversee the board’s grant and loan-making process to ensure it complies with the Mineral Leasing Act, which requires these public funds be used to mitigate harm inflicted on communities by oil, gas and mineral extraction and forbids using the money for economic development. Rural communities should call on legislators to ensure that infrastructure needs are met and public money is spent properly.

As Utah and the western United States experience the devastating consequences of climate change in the form of intense heat, drought and wildfires, it is even more critical that the CIB stop siphoning public funds away from much-needed community projects to finance dangerous fossil fuel extraction that worsens the climate crisis.

Read the text (PDF).

By Aaron Gordon - Vice, March 22, 2021

Just before 5 a.m. on August 2, 2017, Alice Murray was fast asleep when her entire house shook, almost as if a freight train had crashed into the block, she told the Cumberland Times-News.

That's exactly what happened.

About 30 yards away, just off Cleveland Street in Hyndman, Pennsylvania, 33 cars in a 178-car freight train belonging to CSX Corporation derailed. The train crashed into one house and damaged two others. The entire town had to be evacuated. Miraculously, no one was killed. 

As scary as the derailment in Hyndman was, it could have been much worse. Of the 178 cars on that train, 70 contained hazardous material, including 15 of the derailed cars, according to a National Transportation Safety Board (NTSB) investigation. Luckily, just three of them—which contained molten asphalt, molten sulfur, and propane—either leaked or lit on fire. 

The town was evacuated because molten asphalt, if released, can create vapors that, according to the NTSB, are an "explosive mixture with air." Some of the other derailed cars contained liquified petroleum gas, and one car that did not derail contained Sodium Chlorate, which is potentially poisonous to inhale.

By Gerri Songer, Justin Mikulka, and Mark Burrows - Adlai Stevenson Center on Democracy, March 10, 2021

By Ron Kaminkow - Railroad Workers United, August 6, 2019

Docket Management System
U.S. Department of Transportation
West Building, Ground Floor, Room W12–140, Routing Symbol M–30 1200
New Jersey Avenue SE, Washington, DC 20590

August 6th, 2019

Comment Re: PHMSA–2019–0100, Draft Environmental Assessment for a Special Permit Request for Liquefied Natural Gas by Rail

To William S. Schoonover, Associate Administrator of Hazardous Materials Safety, and Pipeline and Hazardous Materials Safety Administration:

Railroad Workers United (RWU) urges you to deny the special permit requested by Energy Transport Solutions, LLC to ship large quantities of Liquefied Natural Gas (LNG) using unit trains of DOT-113C120W tank cars. Rail shipments of LNG would pose dramatic health, safety, and environmental risks to railroad workers and com-munities across the United States. LNG train derailments could cause fires and ex-plosions, property damage, mass injuries and fatalities - impacts that are largely ignored in PHMSA’s cursory, 23-page analysis.

As an organization of working rank & file railroad workers from all crafts and all car-riers, Railroad Workers United is deeply concerned about the casual attitude to-wards shipping LNG by rail. Over the course of the last six years or so we have wit-nessed the danger inherent in shipping Bakken crude oil by rail with limited over-sight and regulation, a danger that continues to this day.

It is obvious that the proposal to ship LNG by rail likewise is inherently dangerous for train crews, trackside communities and the public at large if it is not moved in a safe manner. Most of the oil trains which have crashed over the last six years or so - re-sulting in spills, fires, and explosions – were in fact made up of DOT-113C120W tank cars, ones of the type that apparently are being proposed now for LNG trains. Therefore, before any LNG is moved in unit trains across the U.S., Railroad Workers United recommends the following regulation:

• LNG shall not be moved by rail unless it is moved in tank cars that have been crash tested to withstand puncturing. Many of the rail cars currently in service are not capable of safely transporting LNG and should not be used in this capacity.
• Electrically Controlled Pnuematic (ECP) braking should be employed on all unit trains of LNG as a means of possibly preventing a disaster, and/or mitigating the extent of the disaster in the event of a derailment/crash.
• The longer and heavier the train, the greater the propensity for it to derail, and having derailed, the greater chance of disaster. We recommend all such dangerous trains be limited to no more than 50 cars.
• All such trains must have a minimum of at least two persons in the cab of the locomotive to ensure safe move-ment and delivery of the product, and to mitigate against disaster throughout its routing, should there be a mishap.
• Prior to departure from the originating terminal, all such trains must undergo a thorough and proper inspection by host railroad employees who are properly trained and certified to do the work.
• Prior to movement on the mainline, such trains should have an advance “high-rail” escort service to ensure that the track ahead is clear and in proper condition for the safe passage of the train.
• After a string of oil train derailments, fires and explosions, crude oil train speed was limited to 40 mph in urban areas. Unit trains of LNG should likewise be so restricted.

Only once these safety features at a minimum are adopted would RWU be comfortable in supporting the proposed shipment of LNG by rail.

Ron Kaminkow
General Secretary
Railroad Workers United

Download (PDF).