Rail Hazmat ReRouting

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Rail Hazmat Re-Routing By Bob Fronczak AVP
Environment and Hazmat Of Association of
American Railroads For Transportation Researc
h Board Washington, DC January 24,
2006
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Outline

• Why are we talking about re-routing?
• Why Re-Routing is Not a Good Idea
• Why Re-Routing is Not Necessary
• Why Pre-Notification is Not Necessary

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Federal Legislation

• S.230 Shumer Railroad Crossing Hazmat
  Transport Safety Act of 2005
• S.773 Corzine Extremely Hazmat Transportation
  Security Act of 2005
• S.1052 Stevens Transportation Security
  Improvement Act of 2005
• S.1256 Biden Hazmat Vulnerability Reduction Act
  of 2005
• S.1379 McCain Rail Security At of 2005
• H.R.153 Menendez Rail Public Transportation
  Security Act of 2005
• H.R.1414 Markey Extremely Hazardous Materials
  Transportation Security Act of 2005
• H.R.2351 Oberstar Rail Security Act of 2005

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Local Laws

• DC Would ban transportation of ultra-hazardous
  materials within 2.2 miles of the U.S. Capitol
• California Prohibits tank cars not in
  conformance with most current AAR tank car
  standards
• Baltimore Requires a permit for certain hazmat
  anywhere in the city limits unless there is no
  practical alternative route
• Boston Considering similar legislation
• Chicago Would prohibit transport of certain
  hazmat within 2.2 miles of the loop
• Cleveland Prohibits shipments of large
  quantities of hazmat through downtown and
  lakefront line Permit can be issued if no
  practical alternative
• Las Vegas Considering similar legislation
• Pittsburgh Considering something similar to DC
  depending upon outcome
• Philadelphia Authorizes Committee on
  Transportation and Public Utilities to hold
  public hearings on rail safety in light of the DC
  legislation

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Why Re-Routing is Not a Good Idea

• Re-routing adds miles CSX estimates 2 million
  more hazmat cars miles if the DC legislation
  passes
• Diverting hazmat traffic transfers risk
  emergency response agencies in these areas might
  not be a prepared as big city departments
• Ultimately it would shut down hazmat transport by
  rail
• Risk would be transferred to highway
• The best infrastructure goes through major
  metropolitan areas
• Bypasses are being discussed but are years if not
  decades away

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Why Re-Routing is Not Necessary

• Terrorism Risk Analysis and Security Management
  Plan
• Industry coordination
• ACC-AAR Security Task Force
• Communication
• Plant Access
• Storage in Transport
• ACC Security Code
• Tank car vulnerability work

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FRA Praises AAR Security Efforts

• I can say how impressed I am by the scope of the
  analysis, the sophistication of the analytical
  framework, and the manner in which the railroads
  have devoted substantial resources both funding
  and senior leadership to the completion of this
  important task (enhancing security). Theyve done
  remarkable work Allan Rutter, FRA Administrator

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Why Re-Routing is Not Necessary (cont.)

• Railroads are a safe way to transport hazmat
• Railroads help train local emergency response
  agencies over 20,000 emergency responders
  trained per year
• Railroads have their own standards and
  recommended practices which exceed federal
  guidelines i.e. OT-55
• Speed restrictions for key trains
• Key routes get more defect detection and
  inspections
• Improved yard switching practices

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Hazmat Accident Rates Have Declined 90Since
1980 And 49 Since 1990
Train Accidents with a Release per Thousand
Carloads
Sources FRA, Accident/Incident Bulletin, Table
26. FRA, RR Safety Statistics Annual Reports,
1997-2003, Tables 6-1. ICC/STB Waybill Sample.
1995-2003. Carloadings adjusted to counter known
hazmat underreporting. Note An accident may
involve releases from more than one car.
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Accidents With A Hazmat Release Have Declined
76Since 1980 And 17 Since 1990
Train Accidents with a Hazmat Release
119
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Sources FRA, Accident/Incident Bulletin, Table
26. FRA, RR Safety Statistics Annual Reports,
1997-2003, Tables 6-1. Note An accident may
involve releases from more than one car. AAR
Analysis of FRA Train Accident Database for 2004.
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Why Pre-Notification is Not Necessary

• Railroads transport thousands of carloads a day
  through many jurisdictions it would inundate
  those jurisdictions with thousands of pages of
  paperwork
• It is not clear what local emergency response
  agencies would do with the information if
  provided
• Communities need to know what to be prepared for,
  not what is coming through daily
• Additional paperwork being distributed without
  controls could easily get into the wrong hands
• Railroads provide local emergency response
  agencies with at a minimum the top 25 hazmats
  being transported through local jurisdictions
  upon request
• Working with FRA on making flow of information
  during derailments better

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Transportation is Federally Regulated

• Interstate transportation is federally regulated
  under the Commerce Clause of the U.S.
  Constitution
• The Hazardous Materials Transportation Act (HMTA)
  is the statute regulating hazmat transport in the
  U.S.
• The Pipeline and Hazardous Materials Safety
  Administration (PHMSA) makes pre-emption
  determinations for hazmat transport
• PHMSA has repeatedly held that re-routing, bans,
  or demand permits are pre-empted by the HMTA
• Local laws are also pre-empted under by the
  Federal Rail Safety Act

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Thought for the Day

• Not everything that can be counted counts, and
  not everything that counts can be counted.
• .Albert Einstein

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Questions?

• Robert E. Fronczak
• Phone [phone]
• Email RFronczak_at_aar.org
• Address50 F Street, N.W. Washington, DC 20001