MARCH 19, 2015
OLYMPIA, WASHINGTON
State rail safety regulators today recommended BNSF Railway
Company (BNSF) be penalized for failing to timely report multiple hazardous
material spills along state railways.
Among the violations that were recorded was an incident in
the BNSF Auburn yard, where six tank cars were found leaking crude oil on Jan.
13.
The Utilities and Transportation Commission (UTC) issued the
formal complaint following a staff investigation into BNSF's failure to report
14 releases of various hazardous materials, including crude oil, to the state
within the required time period.
State rail safety rules require railroads to make a
telephone report of the release of a hazardous material within 30 minutes of
learning of the incident to the Washington State Emergency Operations Center's
(EOC) 24-hour duty officer.
The commission staff investigation found that between Nov.
1, 2014 and Feb. 24, 2015, BNSF committed 700 violations of this reporting
requirement. Under state law, each day the company fails to report an incident
constitutes a separate and distinct violation. The commission has the authority
to impose penalties of up to $1,000 per violation, per day of state law or
rule.
When a company fails to notify the EOC that a hazardous
material incident has occurred, critical response resources may not be
deployed, causing potential harm to the public and the environment. There could
also be a delay in response and containment resources necessary to clean up
hazardous material spills.
The other violations that were recorded as a result of the
following incidents:
• Nov. 5, 2014, Blaine – BP Cherry Point facility – crude
oil spillage on tank
• Nov. 17, 2014, Pasco – Pasco grain yard – 18-inch streak
of diesel fuel on tank car
• Dec. 7, 2014, Wenatchee – BNSF Wenatchee/Apple yard –
hazardous solid waste dripping in rail yard
• Dec. 8, 2014, Spokane Valley – BNSF Trentwood Station –
tank car dripping gas/oil from bottom valve
• Dec. 9, 2014, Seattle – Balmer Railyard/Interbay –
shipment of hazardous solid waste reported leaking liquid identified as primary
sludge
• Dec. 9, 2014, Everett – BNSF Everett/Delta yard – two
instances of shipments of hazardous solid waste reported leaking liquid
• Dec. 9, 2014, Vancouver, BNSF Vancouver yard - shipment of
hazardous solid waste reported leaking liquid identified as primary sludge
• Dec. 10, 2014, Everett BNSF Everett/Delta yard - shipment
of hazardous solid waste reported leaking liquid identified as primary sludge
• Dec. 13, 2014, Quincy – Columbia subdivision – locomotive
fire released 100 gallons of lube oil onto tracks
• Jan. 12, 2015, Vancouver – BNSF Vancouver yard – seven
tank cars found leaking crude oil
• Jan. 25, 2015, Seattle – BNSF Interbay yard – one BNSF
locomotive mechanical problem spilled 100 gallons of lube oil
• Feb. 12, 2015, Seattle – South Seattle storage facility –
UTC inspector found crude oil leaking down the side of a tank car
In October 2014, commission staff sent BNSF a copy of the
reporting requirements, and provided the company technical assistance to ensure
that BNSF was providing proper notification to the commission regarding
hazardous material incidents.
Staff also sent a letter to the regulated railroad industry
on Feb. 4, 2015, emphasizing the requirement to provide reports and telephone
the EOC within 30 minutes of learning of an event involving fatalities or
injuries, the release of hazardous materials, or property damage greater than
$50,000.
The companies were informed that failure to provide the
required reports is a violation of commission rules and that staff may
recommend enforcement action or monetary penalties for companies that fail to
report incidents as required.
The commission will set the final penalty amount after the
company has an opportunity for a hearing.
Headquartered in Fort Worth, Texas, the railroad company is
a wholly owned subsidiary of Berkshire Hathaway, Inc. BNSF is the largest
railroad company operating in Washington, with more than $108 million in
intrastate revenues reported to the commission in 2013.
The UTC regulates railroad safety, including approving new
grade crossings and closing or altering existing rail crossings, investigating
train accidents, inspecting public-railroad crossings, approving safety
projects and managing safety education through Operation Lifesaver.
Editor’s note: This news release reflects the position of
the staff of the Washington Utilities and Transportation Commission (UTC) and
NOT the views of the three-member commission. It discusses a staff
recommendation that the commissioners have not formally reviewed. Any positions
taken or comments offered by the commission staff regarding this proceeding
should be attributed clearly to staff members and NOT to the UTC.
Source: www.utc.wa.gov