Few pleased by new DOT rule on tank cars carrying hazmat

Both safety advocates and the railroad industry are expressing disappointment with new rules announced Friday by the U.S. Department of Transportation that are intended  improve the safety of rail tank cars carrying crude oil and other flammable liquids.

The final rule, developed by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Railroad Administration (FRA), in coordination with Canada, focuses on safety improvements that are designed to prevent accidents, mitigate consequences in the event of an accident, and support emergency response. Canada’s Minister of Transport, Lisa Raitts said Canada’s new tank car standards will align with the U.S. standard.

The rule:

• Unveils a new, enhanced tank car standard and an aggressive, risk-based retrofitting schedule for older tank cars carrying crude oil and ethanol;
• Requires a new braking standard for certain trains that will offer a superior level of safety by potentially reducing the severity of an accident, and the “pile-up effect”;
• Designates new operational protocols for trains transporting large volumes of flammable liquids, such as routing requirements, speed restrictions, and information for local government agencies; and
• Provides new sampling and testing requirements to improve classification of energy products placed into transport.

But what about the Bakken crude?

Safety advocates said that by not setting a standard for volatility, the rule fails to address the dangers of the high-volatility Bakken crude oil that has been involved in a number of deadly railway accidents involving explosions. A train carrying Bakken crude oil derailed and exploded in Lac Megantic, Ontario in July, 2013, killing 47 people -- one of many incidents involving the substance.

“These rules do not go far enough in addressing the safety concerns posed by trains transporting highly volatile crude oil through the heart of our communities,” said Rep. Mike Thompson, D-St. Helena. “We need to put robust, comprehensive safety measures in place that will help make sure communities are safe, rail cars meet the strongest possible standards, and first responders are prepared in the event of an emergency. DOT’s rules do not sufficiently address these issues and so Congress should act to put safety measures in place.”

"No substantial evidence"

While it applauded the enhanced design standards called for in the rule, the Association of American Railroads (AAR) was sharply critical of the requirement for the use of ECP brakes -- or the imposition of a 30 mph speed limit.

“First and foremost, the DOT has no substantial evidence to support a safety justification for mandating ECP brakes, which will not prevent accidents,” said Edward R. Hamberger, AAR president and CEO. “The DOT couldn’t make a safety case for ECP but forged ahead anyhow.”

Hamberger said a 30 mph speed limit "will compromise network capacity by at least 30 percent. The far-reaching effects of this decision will be felt by freight and passenger customers alike. Slow-moving trains will back up the entire rail system.”

The NTSB, however...

National Transportation Safety Board (NTSB) Chairman Christopher A. Hart said he was pleased with the rule, which addressed one of the issues on the NTSB’s Most Wanted List of transportation improvements.

“The Board has long been concerned about the safety of rail transportation of hazardous materials,” said Hart. “This new rule is a significant step toward improving the safety of transporting crude oil and ethanol by rail.”

Hart added that the Board will be analyzing the rule to see how it aligns with the NTSB’s safety recommendations and will be releasing the results in the near future.

Additional information about the rule:

(Unless stated otherwise, the rule applies to “high-hazard flammable trains” (HHFTs)—a continuous block of 20 or more tank cars loaded with a flammable liquid or 35 or more tank cars loaded with a flammable liquid dispersed through a train.).

Enhanced Standards for New and Existing Tank Cars for use in an HHFT—New tank cars constructed after October 1, 2015, are required to meet the new DOT Specification 117 design or performance criteria. The prescribed car has a 9/16 inch tank shell, 11 gauge jacket, 1/2 inch full-height head shield, thermal protection, and improved pressure relief valves and bottom outlet valves. Existing tank cars must be retrofitted with the same key components based on a prescriptive, risk-based retrofit schedule (see table). As a result of the aggressive, risk-based approach, the final rule will require replacing the entire fleet of DOT-111 tank cars for Packing Group I, which covers most crude shipped by rail, within three years and all non-jacketed CPC-1232s, in the same service, within approximately five years.

Enhanced Braking to Mitigate Damage in Derailments—The rule requires HHFTs to have in place a functioning two-way end-of-train (EOT) device or a distributed power (DP) braking system.  Trains meeting the definition of a “high-hazard flammable unit train,” or HHFUT (a single train with 70 or more tank cars loaded with Class 3 flammable liquids), with at least one tank car with Packing Group I materials, must be operated with an electronically controlled pneumatic (ECP) braking system by January 1, 2021. All other HHFUTs must have ECP braking systems installed after 2023.  This important, service-proven technology has been operated successfully for years in certain services in the United States, Australia, and elsewhere.

Reduced Operating Speeds—The rule restricts all HHFTs to 50 mph in all areas and HHFTs containing any tank cars not meeting the enhanced tank car standards required by this rule are restricted to operating at a 40 mph speed restriction in high-threat urban areas.  The 40 mph restriction for HHFTs without new or retrofitted tank cars is also currently required under FRA’s Emergency Order No. 30.

Rail Routing – More Robust Risk Assessment—Railroads operating HHFTs must perform a routing analysis that considers, at a minimum, 27 safety and security factors, including “track type, class, and maintenance schedule” and “track grade and curvature,” and select a route based on its findings.  These planning requirements are prescribed in 49 CFR §172.820.

Rail Routing – Improves Information Sharing—Ensures that railroads provide State and/or regional fusion centers, and State, local and tribal officials with a railroad point of contact for information related to the routing of hazardous materials through their jurisdictions. This replaces the proposed requirement for railroads to notify State Emergency Response Commissions (SERCs) or other appropriate state-designated entities about the operation of these trains through their States.

More Accurate Classification of Unrefined Petroleum-Based Products—Offerors must develop and carry out sampling and testing programs for all unrefined petroleum-based products, such as crude oil, to address the criteria and frequency of sampling to improve and ensure accuracy. Offerors must certify that hazardous materials subject to the program are packaged in accordance with the test results, document the testing and sampling program outcomes, and make that information available to DOT personnel upon request.