FRA

The Trump Admin’s Misleading Justifications for Repealing This Oil Train Safety Rule

Scrabble board spelling 'deception,' 'donor,'profit,' and 'fail'

On December 4, the Department of Transportation (DOT) announced it would repeal a critical safety regulation for modern braking systems on the same oil trains which have derailed, spilled oil, caught fire, exploded, and even killed dozens in multiple high profile accidents in recent years. 

The regulation, released by the DOT's Pipeline and Hazardous Materials Safety Administration in mid 2015, required that oil trains have modern electronically controlled pneumatic (ECP) braking systems by 2021. However, in the latest iteration of its review process for this rule, the DOT is now doing an about-face.

Will New LNG-by-Rail Industry Repeat the Mistakes of Oil Trains?

Over and over again, attendees of the 2016 Energy by Rail Conference heard that “LNG by rail is ready to go!”

LNG, or liquefied natural gas, is methane that has been cooled to the point of being a liquid. So, how do we know that shipping this hazardous flammable material on America's aging rail infrastructure is “ready to go”?

Fox Guarding Henhouse: Oil-By-Rail Standards Led by American Petroleum Institute

How did it get missed for the last ten years?”

That was the question Deborah Hersman, chair of the National Transportation Safety Board (NTSB), posed to a panel of industry representatives back in April about how the rail industry had missed the fact that Bakken oil is more explosive than traditional crude oil.

How do we move to an environment where commodities are classified in the right containers from the get go and not just put in until we figure out that there’s a problem,” Hersman asked during the two-day forum on transportation of crude oil and ethanol. “Is there a process for that?”

The first panelist to respond was Robert Fronczak, assistant vice president of environmental and hazardous materials for the Association of American Railroads (AAR). His response was telling.

We’ve know about this long before Lac-Megantic and that is why we initiated the tank car committee activity and passed CPC-1232 in 2011,” Fronczak replied, “To ask why the standards are the way they are, you’d have to ask DOT that.”

So, now as the new oil-by-rail safety regulations have been sent from the Department of Transportation (DOT) to the White House’s Office of Information and Regulatory Affairs, it seems like a good time to review Hersman’s questions.

How did we miss this? Is there a process to properly classify commodities for the right container before they are ever shipped? 

White House Meeting Logs: Big Rail Lobbying Against "Bomb Train" Regulations It Publicly Touts

Lynchburg, Virginia Oil Train Explosion

The Obama White House Office of Information and Regulatory Affairs (OIRA) has held the majority of its meetings on the proposed federal oil-by-rail safety regulations with oil and gas industry lobbyists and representatives.

But OIRA meeting logs reviewed by DeSmogBlog reveal that on June 10, the American Association of Railroads (AAR) and many of its dues-paying members also had a chance to convene with OIRA

Big Rail has talked a big game to the public about its desire for increased safety measures for its trains carrying oil obtained via hydraulic fracturing (“fracking”) in the Bakken Shale. What happens behind closed doors, the meeting logs show, tells another story. 

At the June 12-13 Railway Age Oil-by-Rail Conference, just two days after rail industry representatives met with OIRA, American Association of Railroads President Edward Hamberg, former assistant secretary for governmental affairs at the U.S. Department of Transportation (DOT), made the case for safety. 

“Railroads believe that federal tank car standards should be raised to ensure crude oil and other flammable liquids are moving in the safest car possible based on the product they are moving,” said Hamberg.

The industry also wants the existing crude oil fleet upgraded through retrofits or older cars to be phased out as quickly as possible.”

Yet despite public declarations along these lines, proactive safety measures were off the table for all four of Big Rail's presentations to OIRA.  

Though private discussions, the documents made public from the meeting show one consistent message from the rail industry: safety costs big bucks. And these are bucks industry is going to fight against having to spend.

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