Canadian Government Declares Oil Trains Safe and Plans to Get Into the Oil Train Business

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As Canadian oil-by-rail numbers reach record new volumes (and expected to rise), Canada’s Transportation Safety Board (TSB) announced recently that it would no longer listย shipping the hazardous material by railย as a top safetyย concern.

Just a month later, the Alberta provincialย governmentย โ€” where the majority of tar sands oil is produced โ€” announced plans to bail out the tar sands industryย by getting into the oil-by-railย business.

Here’s why that’s bad news for the communities in both Canada and the U.S. where this influx ofย oil train trafficย willย pass.

Canada’s Transportation Safetyย ‘Watchlist’

At the end of October, the TSBย said it is was removing the issue of transportation of flammable liquids by rail from its โ€œwatchlistโ€ of safetyย issues.

In a letter explaining the decision to The Hill Times, TSB Chair Kathleen Fox wrote:ย โ€œSince the two CN [Canadian National Railway]ย accidents in Northern Ontario in February and March 2015, there has been one main-track train accident involving a spill of crude oil; in this case, only a small amount of product wasย released.โ€

She also makes the case for the decision by pointing to the (slow) phase-in of a new type of safer tank carย required by regulationsย andย the resulting removal of the riskiest tank cars from oil-by-rail service, saying that the risks of oil trains have been adequatelyย addressed.

A rather glaring omission from Foxโ€™s statement on oil-by-rail accidents was the June 22ย train derailment in Iowa that resulted in a 230,000 gallon oil spill into the flood waters of a local river. While the derailment and oil spill happened in the U.S., the train originated in Canada and was carrying Canadian crudeย oil.

Not only that: The train was carrying that oil in retrofitted DOT-117R tank cars, whichย meet the new highest safety standards that Fox wasย touting.


U.S. imports of Canadian oil by rail. Credit: U.S. Energy Informationย Administration

To add to safety fears, Fox is apparently ignoring an issue that is on the rise with rising volumes of Canadian oil trains. An internal Transport Canada document, obtained by CBC news via Canadaโ€™s Access to Information Act, notes that rail crew fatigue is an increasing risk andย was likely a contributing factor in the Lac-Mรฉgantic oil train disaster which killedย 47.

Record volumes, rail tank cars that spill during derailments, and fatigued crewsย โ€”ย and yet the TSB decides this is the time to de-prioritizeย the safety of the oil-by-railย industry.

Bailing Out Failing Tar Sands Industry With More Oilย Trains

Not long after the Transportation Safety Board saidย oil-by-rail safety issues have been addressed sufficiently in Canada, Alberta Premier Rachel Notley and the pro-tar sands Alberta government made an unusual proposalย to the Canadian government:ย Going in together to buy oil tank cars and locomotives to help the struggling tar sands industryย deal with a lack of pipeline capacityย and an oversupply ofย tar sandsย oil.

The proposal would help move an additional 120,000 barrels of tar sands oil per day over rail on top of the already record-breakingย 275,000 barrels per day currently being shipped.ย That represents a major increase in potential oil-by-rail volumes over the next severalย years.

And while the national government initially appeared to oppose the idea of buying oil trains, Prime Ministerย Justin Trudeau and his administration now seem more open to it. Trudeau said the proposed purchase is โ€œsomething we’re happy to lookย at.โ€

Getting into the oil train business seems like a natural extension after earlier this year, the Canadian government bought the troubledย Trans Mountain pipeline expansion project for $4.5 billion, which would further connect tars sands suppliers in Alberta with ports in British Columbia. Justin Trudeau and Canadaโ€™s government appear to be going all-in on the tar sands industry, even as it continues to lose between roughlyย $50 million and $100 million aย day.

However, as the majority of Canadian oil heads to the U.S. for refining and increasingly for exports,ย both Canadian and American communities will be exposed to the risks of the Canadian oil-by-railย boom.

Oil Trains to Supply Tar Sands Exports for U.S. Eastย Coast

Oil train headed East in New York
Oil train headed East in New York August 2018ย  Credit: Justinย Mikulka

Oil-by-rail traffic to U.S. East Coast refineries dropped dramatically when oil prices began rising after the 2014 price crash and the Dakota Access pipeline began operations inย 2017.

However, recent low oil prices and record Bakken oil production once again areย leading to pipeline constraints, and oil-by-rail volumes out of the Bakken oil fields in North Dakota and Montana are increasing again. While Bakken oil has continued to move by railย to the West Coast at any price,ย the oil industry has just restartedย moving it to the East Coast by rail. (When prices drop,ย East Coast refineries shift to buying cheaper oil from Africa, rather than buying oil shipped by rail from the Bakken, an option not available for West Coastย refineries.)ย 

For the first time, however,ย this Bakken cargoย isn’tย just destined for East Coast refineries. The crude oil also isย being exported from Perth Amboy, New Jersey, Reuters reported in late November.

Buckeye, the oil company undertaking the endeavor,ย began by exporting small amounts of Bakken oil but has plans in the works to export much larger volumes of tar sands oil from the sameย terminal on New York Harborย in 2019. Its CEO recently told investors the company was close to locking in a โ€œlong-term contractโ€ for โ€œCanadian heavyย crude.โ€

Exporting Canadian tar sands has been the long-term plan for the Perth Amboy facility since at least 2014. And with Canadaโ€™s current desperation to move tar sands oil to export markets and Buckeyeโ€™s promise of a long-term contract,ย oil trains look set to becomeย a fixture for East Coast communities onceย again.

With all of these factors, and similar pipeline constraints in the Permian Basin in Texas, the oil-by-rail industry isย making a comeback in a big way and appears to be a growth market for the next severalย years.

Hobbled After Years of Pipeline Fights,ย Tar Sands Industry Forced to Cutย Production

The reason the Alberta government is planning to buy approximately 7,000 rail tanker cars and 80 locomotives is because the region lacks sufficientย pipeline capacity to move all of the tar sands oil being produced โ€” even with the current record levels of oil shipped byย rail.

Without a place for all that oil to go, the price of Canadian tar sands oil plummetedย below $20 per barrel, leading both to huge losses for the capital-intensiveย industry and to the provincial government announcing it wouldย mandateย lower production output. In other words,ย telling the tar sands industryย โ€” as activitists like to say โ€” to keep it in theย ground.

For years, anti-oil activistsย have stopped and delayed the construction of new oil pipelines in North America, a tactic which appears to be paying off when it comes to the tar sands. While thisย lack of pipeline capacity has shifted some of that oil to move by rail, the rail industry can only replace a fraction of the capacity of the delayed or canceledย pipelines.

At the same time, community and environmental activistsย also shut down almost all attemptsย to build new oil-by-rail infrastructure in American ports, which would haveย exported Canadian tar sands oil arriving by rail. The proposed oil-by-rail project in Vancouver, Washington, canceled earlier this year, was designed to handle up to 360,000 barrels per day. That was just one of many proposed oil-by-rail projects that were blocked by local communities on both U.S.ย coasts.

There is no question that the financial woes Canadaโ€™s tar sands producers currently face are in large part due to the efforts of activists to block pipeline and oil-by-rail infrastructure. As a result, tar sands oil has not reached the ports where it could be sent to China and other oil-hungry Asianย markets.

Oil industry supporters like to say that blocking pipelines leads to more oil on the rails, but that scenario hasn’t exactly played out. And these arguments ignoreย the primary issue for many oil-by-rail activists trying to stop these projects, which is trying to protect their communities from the dangerous and inadequately regulatedย practice of moving large volumes of thisย flammable substance byย rail.

Toronto-based columnistย Linda McQuaigย best sums up the Canadian failure to regulate oil-by-rail when sheย wrote:ย 

โ€œAnd, no, the answer isnโ€™t more pipelines. The answer, for Godโ€™s sake, is proper regulation of ourย railways.โ€

If the Canadian and U.S. governments properly regulated the oil and rail industries, and the many necessary steps were taken to make oil safe to move by rail, the cost would likely render oil-by-railย economically unviable.

Main Image:ย Alberta Premier Rachel Notley met with Prime Minister Justin Trudeau on September 5, 2018 to discuss the Trans Mountain pipeline expansion project. Credit: Chris Schwarz/Government of Alberta,ย CC BYNDย 2.0

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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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