Crude by Rail Declared 'Imminent Hazard' by Federal Regulators

The full declaration on CBR by DOT regulators was “an imminent hazard to public health and safety and the environment." An immediate safety order was issued requiring vigorous testing of crude and prohibition of use of some tanker cars.

2 minute read

February 27, 2014, 10:00 AM PST

By Irvin Dawid


"Federal regulators issued emergency rules Tuesday (Feb. 25) requiring extensive tests on crude oil moving by rail, concluding the system had become 'an imminent hazard to public health and safety and the environment'," write Laura Stevens and Russell Gold.

The order will require companies to test each batch of crude for an array of characteristics, from the temperature at which it boils to the percentage of flammable gases trapped in the oil and the vapor pressure, which is created when crude emits gases that can build up inside railcars.

While the order will cover all domestic crude, it is aimed at shipments from the Bakken Shale formation in North Dakota, South Dakota and Montana. "Bakken crude is more volatile than other oils and is more likely to emit flammable gases, as The Wall Street Journal reported earlier this week," write Stevens and Gold.

The effect on tanker cars will mean that "1,100 tank cars, known as AAR-211s, or about 3% of the total crude-oil fleet" will no longer be able to transport crude."

Stevens and Gold put the exponential growth of crude-by-rail (CBR) in terms that might even astound knowledgeable observers. "In 2008, a train of 100 tankers full of crude departed a terminal in North Dakota once every four days, according to rail-industry statistics. By 2013, a unit train was departing every 2 1/2 hours."

Complicating the matter of regulating CBR are the numerous stakeholders. While the railroads have already committed to additional measures as we noted Monday (on top of voluntary measures), the energy companies shipping the oil appear to be less than forthcoming.

The American Petroleum Institute, which has been representing the energy industry in its negotiations with the government, didn't respond to requests for comment. The trade association hadn't yet provided data that the DOT had requested in order to reach a voluntary agreement.

"The testing requirement goes into effect immediately with a stiff penalty for noncompliance," write Gold and Stevens.

"Any time the government is talking about $175,000 per incident per day in fines, they're pretty serious," says Kevin Book, an energy analyst at ClearView Energy Partners LLC.

The ten-page text of the safety order can be found in the Washington Examiner's article and in an attachment on Federal Railroad Administrator Joseph C. Szabo's testimony, "Oversight of Passenger and Freight Rail Safety" at the Subcommittee on Railroads, Pipelines, and Hazardous Materials, Committee on Transportation and Infrastructure, U.S. House of Representatives on Feb. 26.

Wednesday, February 26, 2014 in The Wall Street Journal - U.S.

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Bird's eye view of manufactured home park.

Manufactured Crisis: Losing the Nation’s Largest Source of Unsubsidized Affordable Housing

Manufactured housing communities have long been an affordable housing option for millions of people living in the U.S., but that affordability is disappearing rapidly. How did we get here?

March 25, 2025 - Shelterforce

U-Haul truck on road with blurred grassy roadside in background.

Americans May Be Stuck — But Why?

Americans are moving a lot less than they once did, and that is a problem. While Yoni Applebaum, in his highly-publicized article Stuck, gets the reasons badly wrong, it's still important to ask: why are we moving so much less than before?

March 27, 2025 - Alan Mallach

Rusty abandoned oil well and equipment with prickly pear cactus next to it in West Texas.

Using Old Oil and Gas Wells for Green Energy Storage

Penn State researchers have found that repurposing abandoned oil and gas wells for geothermal-assisted compressed-air energy storage can boost efficiency, reduce environmental risks, and support clean energy and job transitions.

March 31, 2025 - Pennsylvania State University

Colorful blocky apartment building facade.

Minneapolis Bans Rent-Setting Software

Four cities have enacted restrictions on algorithmic software that can inflate rent costs.

2 hours ago - Stateline

Silver electric BMW car parked in driveway of home in Oakland, California.

Oakland to Add 244 New EV Chargers

Oakland plans to launch its new charging network at eight locations by the end of 2025.

3 hours ago - City of Oakland

Sculpture of seated Jane Goodall holding hands with chimp on green lawn.

Jane Goodall Inspires with Message of Hope, Resilience, and Environmental Action

Speaking in Pasadena, Jane Goodall offered a hopeful and inspirational message, urging global compassion, environmental responsibility, and the power of individual action to shape a better future.

4 hours ago - Pasadena Star-News

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.