With Oil by Rail Poised for Comeback, Will Lack of Safety Regulations Mean 'Bomb Trains' Return too?

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Investors love a good comeback story and right nowย oil by railย seems to be a story they’reย pushing to justify investmentย in rail companies,ย especially Canadianย ones.

But with little change in safety practices or regulations since the 2014 oil-by-rail boom, is the industry setting itself up to once again earn the nickname that rail workers gave oil trainsย โ€” that is, will โ€œbomb trainsโ€ make aย comeback?

Darren Lekkerkerker, a manager at the the Fidelity Canadian Balanced Fund, explained the situation to Bloomberg: โ€œIn the past, crude by rail was looked at as low-quality revenue because it was very cyclical, but given the lack of market access, I think it makes sense for the energy producers to sign up to longer-term take-or-pay contracts, which is great for Canadianย Pacific.โ€ย 

Canadian Pacific Railwayโ€™s first quarter results reported a 17 percentย increase in movement of โ€œenergy, chemicals, and plastics.โ€ While that represents more than just oil, it certainly supports the recommendations fromย ย .ย 

As weโ€™ve reported on DeSmog, Canada’s lack of pipeline capacity to transportย tar sands oil is driving a resurgence of oil by rail. Here in the U.S., the amount of oil moving by rail is also increasing.ย As oil production reachesย record volumes, with predictions for big increases in the future,ย rail will likely once again play a prominent role in movingย oil.ย 

Canada will see no new pipelines come online until 2020 at the earliest, which meansย rail has a couple year windowย as the only option to absorbย increases in oil production. But that timeline relies on everything going as planned with the proposed pipelines,ย which hasnโ€™t been the case for manyย major pipelines recently, dueย to serious opposition by activists and Indigenousย peoples.ย 

And while the Dakota Access pipeline in North Dakota has absorbedย much of the oil coming from the Bakken shale oilfields which wasย previously moved by rail, recent predictions put the pipeline at maximumย capacity within two years โ€œor less,โ€ according to Lynn Helms, North Dakotaโ€™s top oil and gas regulator. The state has plenty of existing rail capacity to move any excess volumes ofย oil.ย 

The oil industry prefers moving oil by pipeline rather than rail because it is cheaper. However, there is little doubt that rail is the next best option and the industry is more than willing to use it to meet the ever-increasing volumes of shale and tar sands oil produced in Northย America.ย 

As IHS Markit analyst Kevin Birn explainedย to Canadaโ€™s Global News, โ€œFundamentally, itโ€™s on a rail scenario at this point, through until not [just]ย the next pipeline is online, but the next twoย pipelines.โ€

Opposition to Oil byย Railย 

With the success of Canadian activists blocking pipeline projects, it comes as no surprise that there is also opposition to increased transportation of oil-by-rail. And American activists are currently riding a long winning streak of blocking new oil-by-rail infrastructure.ย 

The recent news about Kinder Morgan putting its Trans Mountain pipeline expansion on hold has raised the possibility of greater increases in Canadian oil by rail, and not everyone is enthusiastic about that. The government of British Columbia is seeking authority from the courtsย to limit the volumes of oil that move byย rail.ย 

However, the likelihood of a regional government being allowed to control rail traffic is slim in Canada and pretty muchย impossibleย in America due to the concept of pre-emption, whichย says that only the federal government can regulate the rail industry. Liberal legislator Mike de Jong is not optmistic about British Columbia’s chances of prevailing in court, telling The Globe and Mail, โ€œThere is not a snowballโ€™s chance in hell that he [B.C.’s Premier] is going to receive thatย declaration.โ€

To date, the only way local communities and governments have been able to limit oil by rail through their jurisdictions is by stopping new infrastructure projects โ€” most of which have beenย at American port cities. These efforts have certainly limited the oilย industryโ€™s options for where it can move oil by rail, but, as was evident during America’sย oil-by-rail boomย peakย in late 2014, enough current infrastructure already exists to scale up aย lot more transport of oil byย rail.

Currentย evidence suggests that the next several years very likely will see large increases in the amount of oil-by-rail traffic in Northย America.ย 

More Rail on the Way Despiteย Knownย Dangers

In an InvestorPlace articleย about Kinder Morgan, financial and tech journalist Dana Blankenhornย mentionsย some of the dangers of moving oil byย rail:

โ€œOne reason you donโ€™t see big headlines about ‘bomb trains’ย in 2018 is because falling demand for oil in the middle of the decade moved crude into cheaper, safer pipeline networks, which also condition (pre-heat) the product to extract volatile, valuableย liquids.โ€

As expected, lower volumes of oil-by-rail traffic have resulted in fewer fiery derailments and large spills. Of course, that means as traffic again increases, those accidents and headlines about โ€œbomb trainsโ€ may become familiar sights again as well. And while the term โ€œbomb trainsโ€ is typically used to describe Bakken oil trains,ย two Canadian oil trains which crashed in 2015 and were likely carrying tar sandsย also caught fire, exploded, and caused massive oil spills. Tar sands oilย is also highly volatile when moved as syncrude or dilutedย bitumen.ย 

However, the more interesting point Blankenhorn makes is acknowledging that the โ€œbomb trainsโ€ are called that because of the โ€œvolatile, valuable liquidsโ€ย in the crude oilย mixture.ย 

He also notes that oil companies remove these volatile components before transportingย crude oil by pipeline, makingย the oil safer to move and avoiding risks to theirย pipelines. However, the industry refuses to do the same before putting the oil in rail tank cars, which would avoid risks to people and theย environment.ย 

As detailed on DeSmog, stabilizingย oil by removing the volatile natural gas liquids (NGLs) would effectively end the Bakken โ€œbomb trainโ€ phenomena. However, that would require energy companiesย to investย inย stabilization infrastructure where the oil is loaded onto trains. At the end of the Obama administration, the U.S.ย Pipeline and Hazardous Materials Safety Administrationย proposedย requiringย the industry to stabilize oil before loading on trains, but the ruleย is very likely to die a quietย death under the Trump administration, much like the proposed rail safetyย regulations dealing with sleep apnea,ย minimumย two person crews, andย rail wear. That’s not to mentionย the complete lack of discussion about regulating train length and train weightย in order to make oil trains safer and less likely toย derail.ย 

The one meaningful safety regulation that came out of the Obama administration was a requirement that oil trains have modern electronically controlled pneumatic (ECP) brakingย systems.ย 

John Risch is a national legislative director for SMARTTD, a labor union that represents employees on every Class I railroad, Amtrak, and on many regional and shortline railroads. Risch has 40 years of experience in the rail industry, which includedย operating long coal trains.ย Heย is also a big believer in ECP brakes.ย 

โ€œIn all that Iโ€™ve seen in my 40 years, the greatest safety improvement, bar none, is electronically controlled pneumatic (ECP) train brakes,โ€ Risch told a Congressional committee inย 2007.ย 

At the end of 2017, however, the Trump administration announced its planย toย repealย this regulation,ย stating that the brakes were too expensive and their safety benefits didnโ€™t justify theย costs.ย 

In addition, oil trains are still notย required to have oilย spill response plans,ย despite these trains being responsible for some of the largest land-basedย oil spillsย in North America in modernย history.

While it’s true thatย โ€œbomb trainsโ€ arenโ€™t making headlines in 2018, with the expected increase in North American oil-by-rail traffic, expect to see them making headlines in the next several years.ย ย 

Main image: Canadian oil train derailment in Gogama, Ontario. Credit: Screen capture of CBC News video.

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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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