BNSF faces penalty on hazmat spill reporting rules

OLYMPIA, Wash. – Washington state rail safety regulators March 19 recommended BNSF Railway Company be penalized for failing to timely report multiple hazardous material spills along state railways.

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 violations 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. 13, 2015, Auburn – BNSF Auburn yard – six 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 company has an opportunity to request a hearing to respond to the allegations.