Safe Transport of Energy Products Rail Related Rulemaking Update

Presented by Kip Wills, Director Central Region

Office of Hazardous Materials SafetyPipeline and Hazardous Materials Safety Administration

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PHMSA’s Role• PHMSA is a small agency with a big mission. • PHMSA is responsible for overseeing a

hazardous materials safety program that mitigates the risks to life and property inherent in commercial transportation.

• PHMSA’s hazardous materials regulations provide safety and security requirements for more than $2.3 trillion in shipments annually. This amounts to 2.5 billion tons of material moved by air, rail, highway, and water.

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Classify Contain

Communicate Comply

Tenents of the HMR

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• Part 173 Classification of Materials

• Part 173 Package Selection

• Part 179 Tank Car Standards

• Part 174Operational Controls

• Part 172.800-822 Security Plans

• Part 172.820 Routing of Trains

• Part 200-269Coordination with FRA

PHMSA: Rail Safety 49 CFR

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Energy GrowthGrowing domestic production of crude oil continues to reshape the U.S. energy economy, with crude oil production approaching the historical high achieved in 1970 of 9.6 million barrels per day.

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Source: U.S. Energy Information Administration, Short-Term Energy Outlook and Petroleum Supply Monthly. Note: August 28, 2014 edition. June and July oil production estimated from EIA's Short-Term Energy Outlook.

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• Over 3,200 public comments representing over 182,000 signatories in response to the NPRM.

• Enhanced tank car standards and an aggressive, risk-based retrofitting schedule for older tank cars transporting large volumes of flammable liquids;

• New braking systems for certain trains that will offer a superior level of safety by potentially reducing the severity of an accident, and the “pile-up effect”;

• New operational protocols for trains transporting large volumes of flammable liquids, such as routing requirements, speed restrictions, and information for local government agencies; and

• Sampling and testing requirements to improve classification of energy products placed into transport.

Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains

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Enhanced Standards for New Tank Cars Used in HHFTs

• New tank cars constructed after October 1, 2015 are required to meet enhanced DOT Specification 117 design or performance criteria for use in an HHFT.

• This standard includes enhancements designed to:– Improve puncture resistance (thicker shells and full-height

head shielding)– Improve thermal protection and survivability (Thermal

jacketing and Pressure relief devices)– Protect equipment (top fittings protection and bottom

outlet protection / securement )

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Retrofit Standard for Existing Tank Cars HHFTs

• Existing tank cars must be retrofitted in accordance with the DOT-prescribed retrofit design or performance standard for use in an HHFT.

• Revision of retrofit schedule was based on considerable public comment and in-depth economic and safety analysis.

• Final rule adopts a risk based approach based on two variables: (1) the packaging of the material and (2) the characteristics of the material.

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Speed Restrictions• Adopts a 50-mph restriction across the

board for HHFTs. • Adopts a 40-mph restriction in High

Threat Urban Areas (HTUAs) for HHFTs containing one or more DOT 111 tank cars (including CPC-1232s).

• The 40-mph restriction for HHFTs operating in HTUAs without new or retrofitted tank cars is also currently required under FRA’s April 24, 2015 Emergency Order No. 30.

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Rail Routing and Notification• Railroads operating HHFTs must engage in a comprehensive safety

and security analysis that will support more timely and effective emergency planning, preparedness and response.

• Railroads operating HHFTs must provide contact information to state/regional fusion centers regarding routing information.

• On May 28, 2015 DOT announced the FRA Emergency Order Requiring notification to SERCs will remain in effect indefinitely, while DOT considers options for codifying the disclosure requirement on a permanent basis. http://www.phmsa.dot.gov/hazmat/phmsa-notice-regarding-emergency-response-notifications-for-shipments-of-petroleum-crude-oil-by-rail

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Additional Regulatory Efforts• Advanced Notice of Proposed Rulemaking - Oil Spill Response Plans

for High-Hazard Flammable Trains: Sought comment on OSRPs:o Current thresholds o Costs of developing and implementing and submitting them for approvalo Clarity of current requirements

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Other Regulatory ActionsPHMSA and FRA open regulatory Actions

Safety Initiative Current StatusRisk Reduction Program ANPRM was published on December 8, 2010. Public hearings held on July 19,

2011, in Chicago, IL on July 21, 2011, in Washington, DC. The NPRM was published on February 27, 2015 and the comment period ended April 27, 2015.

Track Safety Standards: Improving Rail Integrity

FRA published this rule on January 24, 2014. The final rule became effective on March 25, 2014.

Positive Train Control (PTC) (multiple rulemakings)

FRA published the most recent PTC systems final rule on August 22, 2014 (79 FR 49693), addressing the de minimis exception, yard movements, en route failures, and other issues. The final rule became effective on October 21, 2014.

Securement The NPRM was published on September 9, 2014, and the comment period closed on November 10, 2014.

Crew Size Developing RulemakingRetrospective Regulatory Review or part 174

PHMSA and FRA have evaluated the comments from the public meeting and intend to move forward with revisions to part 174.

Oil Spill Response Plans for High-Hazard Flammable Trains

Published ANPRM on August 1, 2014 and the comment period closed on September 30, 2014. Developing follow-up NPRM.

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