NTSB Railroad Hazardous Materials Safety Recommendations Status Presentation to the Transportation Research Board, February 4, 2016

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1 NTSB Railroad Hazardous Materials Safety Recommendations Status Presentation to the Transportation Research Board, February 4, 2016 Paul L. Stancil Sr. Hazmat Accident Investigator 1

2 Outline Open NTSB safety recommendations that impact transportation of energy products by rail NTSB accident investigations highlighting tank car performance and emergency response issues Cherry Valley, IL Paulsboro, NJ Lac-Mégantic, QC Mount Carbon, WV Status and issue resolution 2

3 Cherry Valley, Illinois, June 19, fatality, 9 injuries 324,000 gallons released Tank heads and shells 9 tank cars sustained 15 mechanical breaches Bottom outlet valves of 3 cars released product Top fittings protective housing not effective 2 cars with valve damage 3

4 Cherry Valley, IL NTSB Recommendations Rec. Number Issue Status R-12-5 R-12-6 R-02-2 and R-07-4 (reiterated) PHMSA require head and shell puncture resistance systems and top fittings protection that exceed DOT- 111 requirements for new and existing crude oil and ethanol tank cars PHMSA require bottom outlet valves on non-pressure tank cars to remain closed during accidents PHMSA require that emergency responders are provided accurate real-time information about the identity and location of hazardous materials in a train Open-Acceptable Open-Acceptable Open-Acceptable 4

5 R-12-5 Safety Recommendations To PHMSA: Require all newly manufactured and existing general service tank cars authorized for transportation of denatured fuel ethanol and crude oil in PGs I and II have enhanced tank head and shell puncture resistance systems and top fittings protection that exceed existing design requirements for DOT Specification 111 (DOT-111) tank cars. HM-251 addressed recommended action except for top fittings protection for retrofits. FAST Act Section 7306 requires DOT-117 tank cars for all Class 3 flammable materials regardless of train composition. Includes a requirement for top fittings protection for Class 117R tank cars. 5

6 R-12-6 Safety Recommendations To PHMSA: Require all bottom outlet valves used on newly manufactured and existing non-pressure tank cars are designed to remain closed during accidents in which the valve and operating handle are subjected to impact forces. HM-251 only required DOT-117, 117R, and 117P for tank cars used in HHFTs. Bottom outlet valve operating handle must be removed prior to train movement or be designed with protection system to prevent unintended actuation during accident scenarios. Section 7304 of the FAST Act retrofitting to be completed by May 1,

7 Safety Recommendations R-07-2 and R-07-4 (reiterated) To FRA and PHMSA: develop regulations to require that railroads immediately provide to emergency responders accurate, real-time information regarding the identity and location of all hazardous materials on a train. HM-ACCESS pilot and testing program AAR ASKRAIL application. Section 7302 of the FAST Act requires: Class 1 railroads generate accurate real-time, and electronic train consist information and enter into a MOU with fusion centers. Fusion center to provide information to first responders. Prohibits Class 1 railroad, employee, or agent from withholding train consist information from first responders. 7

8 Paulsboro, New Jersey, November 30, cars derailed on misaligned moveable bridge DOT-105 vinyl chloride tank car breached 20,000 gallons released, first responders and public exposed Train consist withheld from emergency responders Inconsistent emergency response information First responder training and local emergency planning not effective 8

9 Paulsboro, NJ NTSB Recommendations Rec. Number Issue Status R R DOT require railroads to provide first responders and LEPCs commodity flow data and assist with emergency planning PHMSA ensure ER information carried by train crews is consistent with ERG Open-Unacceptable Open-Unacceptable R R PHMSA require railroads to develop public education program similar to Part 192 and Part 195 for pipelines AAR amend guidance to require train crews to immediately provide train consist and ER information to first responders Open-Unacceptable Open-Acceptable 9

10 R Safety Recommendations To US DOT: Require railroads transporting hazardous materials through communities to provide emergency responders and local and state emergency planning committees with current commodity flow data and assist with the development of emergency operations and response plans. DOT emergency order only required planning for Bakken crude. But this recommendation intended that railroads assist local ER agencies with planning for all classes of hazardous materials. FAST Act Section 7302 requires DOT to issue regulations requiring: Class 1 railroads to enter into MOU with fusion centers and provide advance information on HHFTs to each SERC consistent with EO DOT-OST SERCs provide information to public service agencies upon request. 10

11 R Safety Recommendations To PHMSA: Take action to ensure that emergency response information carried by train crews is consistent with and is at least as protective as existing emergency response guidance provided in the Emergency Response Guidebook. PHMSA has not yet committed to action to address the issue, but is considering options. FAST Act Section 7303 directs the Comptroller General to conduct a study to evaluate differences between the emergency response information carried by the train crews transporting hazardous materials and the ERG guidance. 11

12 R Safety Recommendations To PHMSA: Require railroads transporting hazardous materials to develop, implement, and periodically evaluate a public education program similar to Title 49 Code of Federal Regulations Parts and for the communities along railroad hazardous materials routes. PHMSA will review the use pipeline public awareness programs as possible model for railroads and continue to promote TRANSCAER program. FAST ACT Section 7301 requires DOT to establish a grant program for nonprofit organizations to conduct outreach and training programs to assist communities with preparing and responding to hazmat rail accidents. The ACT also provides for training State and local personnel involved with regulating transportation of hazardous materials. 12

13 Lac Mégantic, Quebec, July 5, cars derailed in the center of Lac Mégantic 60 DOT-111 cars released 1.6 million gallons Bakken crude oil 47 people killed 2000 people evacuated, numerous buildings destroyed NTSB participated in the investigation NTSB and TSB Canada coordinated safety recommendations 13

14 Lac-Megantic, QC NTSB Recommendations Rec. Number Issue Status R-14-2 R-14-5 R-14-6 FRA conduct audits of petroleum product carriers to ensure ability to respond to worst case discharge PHMSA revise spill response planning thresholds in Part 130 PHMSA require testing and documentation for hazmat classification determinations Open-Acceptable Open-Acceptable Open-Acceptable 14

15 R-14-2 Safety Recommendations To FRA: Develop a program to audit response plans for rail carriers of petroleum products to ensure that adequate provisions are in place to respond to and remove a worst-case discharge to the maximum extent practicable and to mitigate or prevent a substantial threat of a worst-case discharge. Lac-Mégantic accident released more crude oil than the costliest on-land pipeline accident. Comprehensive planning requirements for 42,000 gal. in a single package effectively place railroads outside the Clean Water Act planning requirements to provide for timely response to worst case discharges. FRA cannot implement this recommendation until PHMSA revises Part 130 regulations as recommended in R

16 R-14-5 Safety Recommendations To PHMSA: Revise the spill response planning thresholds contained in Title 49 Code of Federal Regulations Part 130 to require comprehensive response plans to effectively provide for the carriers ability to respond to worst-case discharges resulting from accidents involving unit trains or blocks of tank cars transporting oil and petroleum products. Identify and ensure by contract resources available to mitigate worst-case discharge. August 1, 2014, PHMSA published ANPRM (HM-251B) Oil Spill Response Plans for High Hazard Flammable Trains. Section 7307 of the FAST Act requires DOT Secretary to notify Congress of the status of the rulemaking and any reasons why the rulemaking has not been implemented. 16

17 R-14-6 Safety Recommendations To PHMSA: Require shippers to sufficiently test and document the physical and chemical characteristics of hazardous materials to ensure the proper classification, packaging, and record-keeping of products offered in transportation. HM-251 included new regulation , sampling and testing program for unrefined petroleum-based products. No change to existing Class 3 classification test procedures, or specify sample collection procedures. PHMSA disagreed with requiring offerors to test manufactured products because their properties are generally well-understood and consistent. Section 7309 of the FAST Act requires DOE to report the results and recommendations from comprehensive crude oil characteristic research conducted by Sandia National Laboratories. 17

18 Mount Carbon, WV, February16, cars with large punctures 3 cars leaked from valves/fittings 13 thermal tears and fireball eruptions 378,000 gal. crude oil (Bakken) released 1 injury, 1,100 evacuations (½ mile) 18

19 Mount Carbon, WV NTSB Recommendations Rec. Number Issue Status R R R R PHMSA require that thermal protection systems for all tank cars in Class 3 service, meet or exceed (a) PHMSA require appropriately sized PRD to meet or exceed (a) PHMSA require an aggressive retrofit/replacement schedule with progress milestones PHMSA require a publically available retrofit progress reporting system. Open-Initial Response Received Open-Initial Response Received Open-Initial Response Received Open-Initial Response Received 19

20 R and R Safety Recommendations To PHMSA: Require that all new and existing tank cars used to transport all Class 3 flammable liquids be equipped with thermal protection systems that meet or exceed the thermal performance standards outlined in Title 49 Code of Federal Regulations (a) and are appropriately qualified for the tank car configuration and the commodity transported. R-15-15: such cars to be equipped with appropriately sized pressure relief devices that allow the release of pressure under fire conditions to ensure thermal performance that meets or exceeds the requirements of Title 49 Code of Federal Regulations (a), and that minimizes the likelihood of energetic thermal ruptures. HM-251 regulatory impact analysis did not justify thermal protection systems for all tank cars used to transport Class 3. FAST Act Section 7304 requires tank cars used for all Class 3 shall meet the DOT-117, DOT-117P, or DOT-117R specifications regardless of train composition. FAST Act Section 7305 requires ½ inch thick insulating blanket for DOT-117 and nonjacketed DOT-117R. 20

21 R Safety Recommendations To PHMSA: Require an aggressive, intermediate progress milestone schedule, such as a 20 percent yearly completion metric over a 5-year implementation period, for the replacement or retrofitting of legacy DOT-111 and CPC-1232 tank cars to appropriate tank car performance standards, that includes equipping these tank cars with jackets, thermal protection, and appropriately sized pressure relief devices. FAST Act kept a similar implementation schedule for continued use of tank cars in crude oil and ethanol service as was provided in the HM-251 rule, with that fleet being fully DOT-117 compliant by May 1, The Act added provisions for retrofitting or retiring tank cars transporting other Packing Group I flammable materials by May 1, 2025, and other Packing Groups II and III flammable materials by May 1,

22 R Safety Recommendations To PHMSA: Establish a publicly available reporting mechanism that reports at least annually, progress on retrofitting and replacing tank cars subject to thermal protection system performance standards as recommended in safety recommendation R The HM-251final rule did not require full retrofitting reporting. The rule only has one target date (January 1, 2017) by which owners of DOT-111s in PG I service are required to report the number of cars retrofitted and the number that remain to be retrofitted. The rule does not specify what DOT will do with the data. FAST Act Section 7308 requires DOT to implement a reporting mechanism to monitor industry-wide progress toward modifying tank cars used to transport all Class 3 flammable liquids. The Act requires DOT to report tank car data survey results annually to Congress. 22

23 Paul Stancil Sr. Hazmat Accident Investigator

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