HR 8996 Introduced

Rail Hazmat Safety

Aug 21, 2024

Last month, Rep Nehls (R,TX) introduced HR 8996, the Railroad Safety Enhancement Act of 2024. The bill addresses a wide variety of rail safety issues, including high-hazard trains, long-trains, defect detection, safer tank cars, close call reporting and train car telematics. It also addresses Hazmat issues, including registration fees, virtual training and emergency response grants. Many of the proposed actions include funding and grant provisions.

Definitions

Section 101 provides one definition of a key term, ‘Secretary’, used in the bill. The bill also defines seven technical terms in a proposed revision to 49 USC 20155 and adopts the use of those definitions throughout the bill. The one technical term of interest is “high-hazard train”. This term is significantly different than the existing “high-hazard flammable unit train” defined in 49 CFR 171.8, including more types of hazardous materials and smaller blocks of hazmat cars.

Overview

The bill includes the following sections of specific interest here:

High-Hazard Trains

Section 102 of the bill would replace 49 USC 20155, Tank Cars, with a new language covering ‘High-hazard trains’. As mentioned above subsection (a) provides definitions used in the new language (and throughout this bill). The term of interest here, ‘high-hazard train, is defined as a means a single train transporting, throughout the train consist:

20 or more tank cars loaded with a flammable liquid,
1 tank car or intermodal portable tank load with a material toxic or poisonous by inhalation,
1 or more cars loaded with high-level radioactive waste or spent nuclear fuel,
10 or more cars loaded with explosives,
5 or more tank cars loaded with a flammable gas, or
20 or more cars loaded with any combination of flammable liquids, flammable gases, or explosives.

A new subsection (b) would require DOT to update current HHFT regulations at 49 CFR 174.310 to apply those regulations to high-hazard trains. The new regulations would also include requirements for:

Realtime electronic train consist information for all trains carrying hazardous materials,
Commodity flow reports of the hazardous materials transported by a high-hazard train,
Prohibiting any Class I railroad, employee, or agent from withholding, or causing to be withheld, the train consist information from first responders, and
Establish security and confidentiality protections for any electronic train consist information or advanced notification or information.

A new subsection (e) would require DOT to promulgate new emergency response plan regulations for high-hazard trains. The regulations would require Class I railroads to submit to DOT emergency response plans that would include:

Consideration of potential hazardous materials release for toxic inhalation hazard materials identified that the railroad is transporting,
Identification of the railroad’s hazardous materials response teams that can quickly respond to a release or potential release within a reasonable amount of time,
Identification of the equipment and resources available to the hazardous materials response teams,
Organizational charts for the hazardous materials response teams, and
Plans to facilitate hazardous materials release liability claims.

Safer Railcars

Section 110 would prohibit (starting December 31^st, 2027) the transportation of packing group II and III flammable materials in rail tank cars that do not meet the DOT–117, DOT–117P, or DOT–117R specifications. It specifically mentions DOT–105A, DOT–105H, DOT–105J, DOT–105S, DOT–112H, DOT–112S, DOT–112J, DOT–120J, and DOT–120S tank cars in the prohibition. The existing phase out date (49 USC 20155 Notes) for packing group I flammable materials is May 1^st, 2025.

The requirement in §110(a) includes an exemption for ‘Class 3 flammable liquids listed in paragraphs (1) and (2) of section 7304(b) of the Hazardous Materials Transportation Safety Improvement Act of 2015 (49 U.S.C. 20155 note)’. Those two chemicals are ‘crude oil’ and ‘ethanol’; the phase out date for those chemicals has already passed.

Telematics

Definitions – Both § 121 and §122 separately provide definitions of key terms used in the two sections. The following technical terms of interest are common to both sets of definitions:

Section 122 requires DOT to establish a telematics pilot program that:

Assist freight railcar owners and freight railcar manufacturers in the development of freight railcar onboard sensor technologies to add visibility to the safety of the freight railcar asset and commodity within the freight railcar asset, and

Encourage development of freight railcar onboard sensors that communicate to the freight railcar onboard gateway device to offer future capabilities of real-time visibility.

Paragraph (a)(2) lists the following specific sensor targets of interest:

Wheel and wheel bearing temperature,
Whether a hand brake is on or off,
Whether a hatch is open or closed, and
Internal railcar temperature.

Subsection (f) would provide $10 million per year through 2028 for provisions of this section.

Section 121 requires DOT to establish a telematics grant program to provide funds to freight railcar owners or operators to install and maintain telematics devices or gateway devices on freight railcars. Subsection (b) would allow the use the funds that would enable:

Near real-time visibility of freight railcar location and freight railcar asset health,
Increasing the visibility to the safety of the asset and commodity within the freight railcar asset,
Increasing future capability of real-time visibility to railcar owners in the development of onboard freight railcar sensor technology that measures or monitors, for purposes of gathering information on maintenance requirements,
Increasing the efficiency of railcar utilization in the North American freight railcar fleet,
Reducing reliance on human and manual data capture, reducing the risk of errors related to freight railcar data and information,
Offering development of alerts and triggers to capture and transmit freight railcar mechanical issues to the railroad operator for action, and
Ability to communicate events real-time to a wide variety of stakeholders.

Paragraph (b)(3) specifically lists the following types of sensors:

Wheel and wheel bearing temperature,
Whether a hand brake is on or off,
Whether a hatch is open or closed, and
Internal railcar temperature.

Subsection (h) authorizes $100 million per year through 2028 for the program.

Hazmat Registration

Section 201 would amend 49 USC 5108(g). In addition to renumbering and labeling the existing subparagraphs (2)(B) and (2)(C), the section provides a complete rewrite of subparagraph (2)(A) and inserts a new subparagraph (B). The new text clarifies the minimum and maximum registration fees for small businesses and other than small businesses. A new maximum registration fee of $5,000 per year would be established.

Hazmat Transportation Grants

Section 203 would amend 49 USC 5116, changing the section title to ‘Hazardous materials transportation emergency response and preparedness’. Additionally, the amendment would add additional possible uses and restrictions on usage of grant funds.

Moving Forward

Nehls and seven of his 20 cosponsors {Rep Moulton (D,MA), Rep Strong-Sykes (D,OH), Rep Deluzio (D,PA), Rep Van Orden (R,WI), Rep D'Esposito (R,NY), Rep Holmes-Norton (D,DC), Rep Titus (D,NV)}, are member of the House Transportation and Infrastructure Committee to which this bill was assigned for consideration. This means that there may be sufficient influence to see this bill considered in Committee. While there is bipartisan sponsorship I suspect that there will be significant industry (and thus Republican) opposition to many of the provisions of this bill. I am not sure that there would be sufficient bipartisan support for the bill to pass in Committee. There would certainly be sufficient opposition to ensure that the bill could not be considered by the Full House under the suspension of the rules process. This late in the session, that effectively kills this bill

Commentary

I think that the telematics provisions of this bill would probably be the most valuable if this bill were sent to the President. I do not think, however, that the bill lists enough specific devices that should be encouraged. I would add to both §121(b)(3) and §122(a)(2) the following devices:

“(E) internal railcar pressure;
“(F) pressure relief valve opening; and
“(G) whether a bottom valve is open; and”

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