Are Oil Trains Just Too Heavy? No Regulations, No Weigh To Know

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The cause of the most recent bomb train derailment and fire in Mosier, OR has been determined to be lag bolts that had sheared off resulting in the derailment. This once again raises concerns that the unit trains of oil are putting too much stress on the tracksย due to theirย excessive weight andย length.ย 

There is precedent for this issueย according to rail consultant and former industry official Steven Ditmeyer. In the early 1990s, there was a similar problem with some double stacked container cars being too heavy for the infrastructure โ€”ย because of overloaded containers โ€”ย resulting in sheared railย spikes.

โ€œThis sounds like a very similar circumstance to what was happening in the early 1990s with overloaded double stack container cars,โ€ Ditmeyer toldย DeSmog.

So, since double stacked containers are currently in wide use but there are no longer derailment issues like in the 1990s, whatย changed?

โ€œOnce they began weighing the containers before they loaded them โ€” and they made sure the center plates of the trucks under the cars were lubricated so they could swivel more easily โ€”ย the problem basically went away,โ€ Ditmeyer explained.ย ย ย 

So, by implementing a practice of weighing the containers before loading them it was possible to avoid overloaded rail cars. Nothing too far fetched in thatย reasoning.ย 

These Oil Trains Are Too Heavy, Too Long, Tooย Fast

While the Mosier accident provides more evidence that unit trains of oil are putting more stress on the tracks, it isnโ€™t the first time we have learned of thisย problem.ย 

As the LA Times reported in 2015, investigators at Canada’s Transportation Safety Board suspect that the oil trains are causing unusual trackย damage.

โ€œPetroleum crude oil unit trains transporting heavily loaded tank cars will tend to impart higher than usual forces to the track infrastructure during their operation,โ€ the safety board said in a report. โ€œThese higher forces expose any weaknesses that may be present in the track structure, making the track more susceptible to failure.โ€ย ย 

One of the other suspected causes of the oil train derailments is the length of the trains, which create repetitive stresses on the tracks not made by shorter trains. Doug Finnson, president of the Teamsters Rail Conference of Canada, expressed concerns about this to CBC News after an oil train derailment in Canada last year saying, โ€œThese trains are likely too long, too heavy and going too fast for the track conditions inย place.โ€

Federal Railroad Administration Concerned About Train Weight inย 2013ย 

In the weeks following the oil train disaster in Lac-Megantic, a lot of important questions wereย asked.ย 

Some of these questions wereย posed by the Federal Railroad Administration (FRA) in a July 2013 letter to the American Petroleum Institute (API).

In the July 2013 letter, Thomas J. Herrmann, Acting Director of the Office of Safety Assurance and Compliance addressed API CEO Jack Gerard outlining several safety concerns including theย following:ย 

FRA notes that tank cars overloaded by weight are typically identified when the tank cars go over a weigh-in-motion scale at a railroad’s classification yard. As indicated above, crude oil is typically moved in unit trains, and the cars in a unit train do not typically pass over weigh-in-motion scales in classification yards.ย ย 

So, we know that the weight of oil trains is a safety concern. And in 2013 the FRA had information showing that the industry wasnโ€™t using weigh-in-motion scales to check loaded tankย carย weights.

And we also know that using scales to weigh containers before double stacking them solved the overloading problem in theย 1990s.ย 

So what was the APIโ€™s response to this letter? We donโ€™t know yet because last week the Federal Railroad Administration told DeSmog it will require a Freedom of Information request to get a copy. (DeSmogโ€™s last FOI request submitted to the FRA took almost two years to get aย response.)ย 

American Petroleum Institute Makes theย Rules

So why was the FRA asking the oil industryโ€™s most powerful lobbying group questions about oil-by-railย safety?ย 

The answer to that helps explain why unsafe oil trains continue to roll through communities across America. The American Petroleum Institute is one of the most powerful lobbying groups in America with a CEO paid as much as $13 million a year to advance the oil industryย agenda.

However, the API also happens to be the organization responsible for writing the standards for โ€œsafetyโ€ for oilย trains.

A Washington Post article summed it up nicely saying, โ€œAPI, which still sets global technicalย standardsโ€ฆโ€

Still. Anyone see a problem with letting an organization that hasย deniedย the scientific facts about climate change be responsibleย for determiningย the facts and science regarding the safe operation of oilย trains?ย 

โ€œThe development of standards is a major part of APIโ€™s ongoing work to enhance safety throughout our industry,โ€ said API President and CEO Jack Gerard in 2014. โ€œThis particular standard is one element of a much broader approach to safetyย improvement.โ€

Gerard was referring to the 2014 standard on filling oil tank cars.ย 

It is important to remember that the more oil you can put in a tank, the more money you can make. So the oil industry has an incentive to overfill tankย cars.ย 

Despite the evidence of weighing double stack containers to make sure the trains werenโ€™t too heavy โ€”ย which eliminated the issue of sheared rail spikes โ€”ย scales are not being used to avoid overloaded oil tankย cars.ย 

So, if as the FRA noted in its 2013 letter, overloaded tank cars are typically identified in the rail industry by weigh-in-motion scales โ€” but those arenโ€™t used for oil unit trains โ€” the question isย whyย not?

And the answer isย because the American Petroleum Institute makes the rules. And this is what the API standard says about weighing tank cars to check for overweightย cars.ย 

Static (stationary) or weigh-in-motion (dynamic) weigh scales (railway track scales) are acceptable methods for quantity determination of crude oil. If an operator considers weigh scales as anย optionโ€ฆ

Acceptable, not required, and up to the operator. And thus the scales are not currentlyย used.ย ย 

If The Oil Is Boiling At Room Temperature, Testing Results May Beย โ€œErroneousโ€

So if you choose to not weigh your tank cars to see if they are too heavy, what are your options? According to the API standard, there is the option of โ€œCalculating the Loading Target Quantity (LTQ).โ€

To do this the standard says โ€œthe LTQ calculation system or process will require density as an input variable.โ€ย ย 

And it goes on toย say:ย 

Multiple test methods exist for measuring density. Methods for determining density include API MPMS Ch. 9.1, API MPMS Ch. 9.3 or ASTM D5002 [13]. Application of the test method for density requires a dead crude oil (3.7) or field stabilization of the crude oil prior to sampling and testing. Indications of un-stabilized crude oil are visible bubbling, foaming, and/orย boiling.ย 

Never mind the basic fact that the industry may beย shipping oil that is boiling at room temperature โ€”ย which should make everyone worried. The problem with this approach is that all of the Bakken crude is unstabilized. So then the standard includes thisย note:ย 

NOTE Use of density test methods on un-stabilized/live crude oils can yield erroneous results due to loss of lightย components.ย 

The API standard notes that testing unstabilized crude for density can yield erroneous results. Which is a bit of a problem sinceย Bakken crude is notย stabilized before it’s loadedย into rail tankย cars.ย 

This is what happens when you let oil companies and oil lobbyists write the standards on how to safely operate oilย trains.ย 

Industry Plays By The Rules It Writes,ย Andย Winsย 

It is clear that heavier trains can increase the likelihood of things like lag bolts shearing as they did in Mosier, Oregon,ย causing an oil train derailment and subsequent fire and spill. That is basicย physics.ย 

And as they did in the 1990s with overloaded container trains, the problem was solved in part by weighing the containers to eliminateย overloading.ย 

After the Mosier accident, FRA Administrator Sarah Feinberg commented to the Associated Press on concerns about the oil tank cars being tooย heavy.ย 

โ€œFeinberg said tank cars that haul crude oil and other products have weight limits, but there’s been no suggestion Union Pacific’s cars exceededย them.โ€

The FRA was concerned about this issue in 2013. We know Canada’sย Transportation Safety Boardย said, โ€œPetroleum crude oil unit trains transporting heavily loaded tank cars will tend to impart higher than usual forces to the track infrastructure during theirย operation.โ€

And in the case of Mosier the sheared lag bolts certainly suggest that the trains could be tooย heavy.

But the reality is that whether anyone suggests it or not, there is currently no way to know. Because the American Petroleum Institute is writing theย rules.ย 

Blog Image Credit: Justinย Mikulka

mikulka color
Justin Mikulka is a research fellow at New Consensus. Prior to joining New Consensus in October 2021, Justin reported for DeSmog, where he began in 2014. Justin has a degree in Civil and Environmental Engineering from Cornell University.

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