BISMARCK, ND
North Dakota regulators are expected to
sign a deal with the Federal Railroad Administration on Wednesday that
will allow the state to launch a rail safety program funded by the
Legislature and proposed after a fiery oil train derailment near
Casselton in 2013.
The
agreement will permit two rail safety inspectors employed by the North
Dakota Public Service Commission to work with the FRA on track and
mechanical inspections.
Thirty states have rail inspection programs to supplement the federal program, including neighboring Minnesota and Montana.
Commission
chairwoman Julie Fedorchak said the advantage of a state-run program is
that North Dakota’s inspectors will focus only on in-state track and
can’t be pulled away to other states.
“It’s a big deal,” she said.
About
52 percent of the oil shipped in May from the Williston Basin went by
rail, the state Pipeline Authority reported this month. Rail traffic
increased 233 percent in North Dakota from 2005 to 2012 and has
continued to climb since then, Fedorchak said, citing FRA data.
“That
just increases the wear and tear on the track, and a large part of the
increase is hazardous materials,” she said. “We want to have these folks
out inspecting and finding problems before they cause an accident.”
State
lawmakers voted in April to spend $523,345 on the pilot program for
2015-17, with the intent of continuing it in 2017-19. The money will
come from an excise tax railroads pay on diesel fuel.
The
three-member PSC and Gov. Jack Dalrymple originally proposed two
full-time inspectors and a rail safety manager in the agency’s budget.
The final budget provided $253,345 for a full-time permanent inspector,
$70,000 for related operating expenses and $200,000 for a temporary
full-time inspector whose job the Legislature will have to reapprove in
2017.
Fedorchak said she hopes to extend an offer this
week to an applicant for the permanent job. The temporary job drew fewer
applicants, but she also hopes to fill that position soon.
“As we knew they would be, they’re more hesitant to leave a job for a temporary job,” she said.
Under
the agreement, the FRA will pay for classroom training for the state
inspectors, who must be certified to participate in investigative and
surveillance activities. Depending on their experience level, the state
inspectors could achieve certification in as little as six months,
Fedorchak said.
As of May, the FRA had 44 rail safety
inspectors and five vacancies in its eight-state region that includes
North Dakota, South Dakota and Montana, FRA spokesman Mike Booth said.
Nine of those inspectors were located in North Dakota, but they may serve multiple states and even other regions.
“Most
of the focus right now is in North Dakota, so chances are we’re pulling
people from the outside in, rather than the other way around,” Booth
said.
Booth said the FRA would welcome North Dakota’s
state safety program, which he called a “force multiplier” and “an
essential piece of our national rail safety program.”
Commissioner
Brian Kalk said he supports the agreement, calling it “a big step.” But
he doesn’t want people to get a false sense of security, as the state
still needs additional oil pipelines and investment by railroads to
improve safety, he said.
“This is not the silver bullet here. This is one of several important steps that have to happen,” he said.
Commissioner
Randy Christmann said he had the PSC’s legal counsel checking on one
part of the agreement to ensure it doesn’t commit the state to services
beyond what’s budgeted.
“Assuming that that’s all OK, I intend to vote for it,” he said.
Fedorchak said the PSC knows that lawmakers – who must reauthorize funding for the program in 2017 – will be watching closely.
“We’re
going to be keeping really close track of the benefits of having our
inspectors out on the road examining these track and mechanical issues
and working with the railroads to improve their safety performance,” she
said.