Sunday, March 22, 2015

THE RAILROAD SCRUTINY IS ON: BNSF FACES PENALTY FOR FAILURE TO REPORT 14 RELEASES OF VARIOUS HAZARDOUS MATERIALS, INCLUDING CRUDE OIL, TO THE STATE WITHIN THE REQUIRED TIME PERIOD




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