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Pipeline and Hazardous Materials Safety Administration

Senator Schumer urges feds to require that crude oil be made less volatile before shipping through New York

By Billie Owens

Press release:

On the heels of new data from the U.S. Energy Information Administration (EIA) finding that the amount of crude oil moving by rail to Northeast refineries is on the rise, U.S. Senator Charles E. Schumer demanded the Department of Transportation (DOT) and Department of Energy (DOE) propose and quickly finalize volatility standards.

***This will stabilize highly explosive crude oil before shipping it through New York.

Schumer said current law allows dangerous crude oil to be shipped by rail without being stabilized, making violent explosions far more likely.

In addition, Schumer explained that DOT and DOE should complete the ongoing formal process requesting comments from stakeholders and studying how crude oil properties affects its combustibility in rail accidents, which will inform this new rule.

Bakken crude barreling through local communities

“Every day across Upstate New York, oil railcars laden with Bakken crude pass through backyards and by schools and homes and near places of business putting communities in Upstate New York at risk if tank cars derail or puncture," Senator Schumer said. "It is clear to me that we need an all-of-the-above approach to safety, so I am urging the Federal Department of Transportation and the Department of Energy to finally publish and finalize standards that will stabilize highly explosive crude oil before shipping it through Upstate New York.

"These new regulations are an additional layer of safety that New Yorkers deserve and will help keep communities safer. We have tank cars barreling through communities throughout the state on a daily basis, and we should leave no stone unturned to further protect residents.”

According to a new data from the U.S. Energy Information Administration (EIA), the volume of oil shipped by rail is again on the rise. Refineries in the Northeast, used about 3.1 million barrels of oil in March, a level not seen since early 2017.

Schumer said that this news in conjunction with the fact that next month is the fifth anniversary of the tragic explosion in Lac-Mèantic, which left 47 people dead in the Canadian Province of Quebec in July 2013; the issue of oil-by-rail safety is urgent.

Schumer said new crude oil volatility standards would make oil-by-rail safer. Schumer said existing efforts, including stakeholder comments collected by the Department of Transportation (DOT) and the Department of Energy’s (DOE) oil volatility study, should be quickly finished and used to create these new standards so shipment is safer. Schumer said is it vital the feds continue to address oil-by-rail safety concerns so that communities in Upstate New York and beyond are protected.

“The bottom line is – any time you are transporting volatile chemicals, there is a risk of explosion," Schumer said. "Things like safer tank cars, better braking, and lower speed limits – they all help make the rails safer.

"But when it comes to crude, one of the most powerful things we could do would be to set a good standard for the stability of what’s actually inside the tank cars.”

Additionally, according to a report published by the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) in 2014, the Bakken crude oil that is transported on New York State rail lines is more volatile than most other types of crude oil and other products shipped by rail, and its greater volatility is linked to increased ignitability and flammability.

Schumer said this is particularly dangerous during derailments, punctures, and breaches and added that according to the PHMSA, this Bakken crude oil is primarily light and sweet, compared to heavier crude oils produced from conventional domestic reservoirs and imports. As a result, this lighter, sweeter crude oil is a higher quality and easier to refine into commercial products than the heavier crude oil.

However, this kind of oil is also easier to ignite because the flash point—the lowest temperature at which ignition can occur—is lower for Bakken than for other crude oils. This volatility is a measure of the tendency for the oil to vaporize or move from a liquid to a gaseous state. Because this Bakken oil is “lighter” and has a higher vapor pressure than most crude oils, it is particularly dangerous during rail transport, when derailments and breaches, and subsequent explosions, near communities are most likely to happen.

Although this kind of oil has been produced for decades, the recent boom in crude oil extraction in North Dakota, where a big portion of the Bakken oil emanates from, and similar deposits elsewhere has led to this dangerous and unexpected development in the industry.

Urging agencies to make a stabilization plan for highly flammable oil

Specifically, Schumer is calling on federal agencies to work together on a plan that would require oil companies to stabilize highly flammable and dangerous Bakken crude oil prior to transport. Stabilization technology is not a new concept and has been used previously in oil fields in other regions of the country and the world.

Schumer said that while North Dakota has attempted to address this issue on a state level, their regulations have not gone far enough. The North Dakota law requires that oil be stabilized to at least 13.7 pounds per square inch, a standard that the oil that caused a deadly explosion in the Lac-Mègantic disaster likely would have met.

Schumer said that because the oil in this disaster would have met this new requirement, it would have done little to prevent the disaster. Instead, Schumer said, the DOT and DOE must go even further. Schumer is asking these two agencies to work together to develop a standard for stabilization that would greatly reduce the risk of Lac-Mègantic-type disasters and require oil companies to follow it. Schumer said requiring that Bakken crude be stabilized prior to transport could help greatly improve safety.

The senator has long pushed for other key safety components in order to protect communities, including operational changes that enhance standards for new and existing tank cars, reduce train speed limits, and create reporting requirements so that first responder can be prepared in the case of a derailment or disaster.

Furthermore, in 2016 Schumer announced that, following his push, the DOT and DOE began collecting stakeholder comments and studying crude oil volatility as the first major step toward requiring oil companies to stabilize their highly flammable crude oil before shipping it by rail.

He highlighted that while that first step is important, USDOT and USDOE should not take their feet off the gas and should continue to advance the stabilization rule all the way through the regulatory process.

***For previous coverage about volatile products being transported across Genesee County, click here.

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