On Thursday Rep. Kind (D,WI) introduced HR 4397,
the Rail Safety Act. The bill would require FEMA to preposition fire-fighting
equipment and other rail spill response equipment for accidents involving rail tank
cars transporting crude oil or other flammable liquids.
Pre-Positioned
Equipment
The bill would require that the equipment caches would
include {§2(b)}:
• Firefighting equipment;
• Fire suppression agents; and
• Any other safety equipment considered necessary by
the Administrator
The caches would be required to be placed {§2(c)}:
• Located along rail routes over
which a high volume of high-hazard trains operate; and
• Strategically prepositioned along
such routes in a manner that lowers the response time of firefighters.
Funding
The bill provides for two separate sources of funding for
these caches. First it authorizes FEMA to collect fees from rail carriers.
Second it authorizes appropriations to support the program. In neither case are
any specific monetary amounts specified.
Moving Forward
Kind is not a member of the House Transportation and
Infrastructure subcommittee, the committee to which this bill was referred for
consideration. Without being a member of the Committee, it is unlikely that he
will be able to influence the Committee to begin consideration of the bill.
If the bill were to be considered, I would expect that there
would be considerable opposition to the bill from railroads since they would be
subject to unspecified fees to support the program.
Commentary
This bill is extraordinarily poorly written for an 18-year
veteran of Congress. Kind does not, for instance, define ‘high volume of
high-hazard trains’. It would have been easier to refer to high-hazard
flammable trains defined under 49
CFR 171.8. Next, there is no requirement to report to Congress on the types
and amounts of equipment (along with deployment costs) to be deployed under the
requirements of this bill so that Congress could authorize spending.
It is a shame that Kind has not put a little more thought
and effort into this legislation. The issue of responding to crude oil, ethanol
and other flammable train derailments as a fire fighting issue has been grossly
missed by Congress. This type of bill, with a few modifications, could serve a
valuable aid to first responders to these potentially devastating railroad
accidents.
The funding issue deserves a lot more thought. The railroads
are not the ones responsible for the recent increase in the number of these
high-hazard flammable trains. They are required by Congress to accept all
properly presented rail loadings. This was done by Congress because the individual
railroads have nearly monopolistic control over long distance rail shipping in
many areas of the country. The people that are responsible for the large amount
of hazardous chemical shipments are the shippers. And it is they, not the
railroads, that should be required to pay fees to help off-set the cost of
programs like this.
If this had been a serious attempt to address this serious
problem, it would have started off with a more complete definition of the types
of shipments that were targeted. Since the types of fire-fighting equipment (in
particular the types of foam used to fight liquid chemical fires) are
substantially defined by the types of chemical fires involved it would be more
cost effective to focus on the two largest volume flammable liquids currently
being shipped by rail; crude oil and ethanol.
Next the bill should have required a report by the DOT’s Security and Emergency Response Training Center
(SERTC) as to the types of specialty equipment necessary to fight crude oil and
ethanol fires associated with train derailments. The study would address:
• The types of equipment necessary;
• The time frame in which the
equipment would have to be deployed to be successfully used;
• The training necessary to use the
deployed equipment;
• The best methods for ensuring
that the equipment was readily available;
• And the cost of pre-stocking the
equipment and supplying the appropriate training for its use.
While pre-stocking sites along rail routes (as suggested in
this bill) is certainly one way to ensure rapid availability, other options
could be more effective. One in particular that I would like to see considered
is to include a fire response car at the tail end of each high-hazard flammable
train. Another possible option that could be considered would be the formation
of air-deployable National Guard units trained and equipped to provide the
necessary flammable liquid fire-fighting capabilities.
With better information on the amounts and types of
equipment to be stockpiled and the type and frequency of training necessary to
deploy the equipment clearly outlined, Congress could then weigh-in on a
specific funding program that could include fees on each railcar of affected commodities
shipped and/or authorization of direct Federal spending.
The basic idea behind this bill is sound, but a great deal
more effort and imagination needed to be employed in its crafting. Perhaps the
leadership of the House or Senate transportation committees might like to take
a shot at this.