The eastbound crude petroleum carrying train collided with a derailed westbound grain train with thunderous results for Casselton, North Dakota.  Ruptured rail cars belched 400,000 gallons of crude which the shattered rail cars ignited to explosion lighting the late December night.  More than a month before that 2013 day, the rural landscape near Aliceville, Alabama similarly erupted when a train derailed and released an undetermined amount of crude from punctured tank cars.  The crude fouled wetlands near the site of the wreck, although thankfully no one was hurt.

The US Department of Transportation responded on February 25, 2014 with an Emergency Restriction/Prohibition applicable to shipments of Bakken crude.  Based on evidence that shows Bakken crude to have Reid Vapor Pressure readings as high a 9.7 psi, the DOT now requires Bakken to be tested frequently enough to ensure that the crude is classified properly according to DOT classes; and with respect to crude with Bakken characteristics, require it to be handled as hazardous material in Packing Group I or II.  The rule applies to those who provide the crude to the railroad carrier.  The consequences of violation?  Civil penalties of up to $175,000 for each violation or for each day of violation, in addition to criminal fines and imprisonment of up to ten years.

What about the trains?  The Department of Transportation issued no new rules or advisories regarding the integrity of tank cars or the safe operation of the rail system.  Trains are not supposed to derail and tank cars puncture.

Effective new rules?  The classification and hazardous material packing group may not fully account for the types of vapor emitted by Bakken crude.  The new rules of course address nothing concerning tank cars or railroad movements.  Perhaps the real issue is capital cost:  who will bear the cost of modifying and upgrading infrastructure and rolling stock as needed to improve protection.  More to come.