DOT seeks improved response to oil train derailments

The U.S. Department of Transportation has proposed regulations to require that railroads provide state and tribal emergency responders with frequent and more detailed information to respond to oil train derailments.

   The U.S. Transportation Department’s Pipeline and Hazardous Materials Safety Administration (PHMSA), along with the Federal Railroad Administration (FRA), on Wednesday announced proposed regulations for oil spill response plans and information-sharing for “high-hazard flammable trains” (HHFTs) to improve state and local emergency response readiness and mitigate effects of rail derailments involving crude oil.
   “Incidents involving crude oil can have devastating consequences to local communities and the environment. We’ve taken more than 30 actions in the last two years to continue to address risk, and we continue to push the industry to do more to prevent derailments from happening,” U.S. Transportation Secretary Anthony Foxx said in a statement.
   Foxx added the new rule helps to “hold industry accountable to plan and prepare for the worst case scenario. It would help to ensure that railroads have comprehensive plans to respond to derailments when they occur and better ensure the safety of communities living near railroads.”
   Specifically, the rule expands the oil spill response plan requirements under the Clean Water Act to certain HHFT trains based on the amount of crude oil being transported, require the rail operator to be prepared to respond to worst-case discharges of oil during derailments, and ensure railroads share information about all HHFT operations with state and tribal emergency response commissions.
   DOT said these proposed regulatory enhancements are in line with the 2015 Fixing America’s Surface Transportation (FAST) Act.
   Within these new requirements, the rule proposes railroads provide state and tribal emergency responders:
     • A reasonable estimate of the number of HHFTs that are expected to travel, per week, through each county within the state;
     • The routes over which the affected trains will be transported;
     • A description of the materials shipped and emergency response information required by hazardous materials regulations;
     • And at least one point of contact at the railroad (including name, title, phone number, and address) for the state and tribal emergency response commissions, and emergency responders related to the railroad’s transportation of affected trains.
   For petroleum oil trains subject to the Comprehensive Oil Spill Response Plan under 49 CFR part 130, the contact information for the qualified individuals and description of response zones must be provided to state and tribal emergency response commissions, DOT added.
   The proposed rule, which will be published in the Federal Register, is available for viewing on the PHMSA website.