S 3187 Introduced – Rail Hazmat Safety

Last month Sen. Merkley (D,OR) introduced S 3187, the Mandate Oil Spill Investigations and Emergency Rules (MOSIER) Act of 2016. The naming of the bill makes it clear that it was introduced in response to the crude oil train derailment near Mosier, OR in June of this year. The bill addresses rail hazmat investigations, emergency orders and a crude oil volatility standard.

NTSB and Hazmat Spills

Section 2 of the bill amends the NTSB authorization language in 49 USC 1118. It increases the funding authorization of the bill from the latest value (FY 2008, $92,625,000) to $108 million per year for 2018 thru 2020. Of that amount $2 million would specifically be set aside for “the costs associated with carrying out railroad accident investigations and investigations of significant railroad incident” {new §1118(a)(3)}.

Section 3 of the bill would amend the NTSB’s authorization to conduct transportation accident investigations under 49 USC 1131 to specifically require investigations of railroad accidents that involve “a significant release of hazardous materials into the environment within a close proximity to communities, personal property, or critical landscapes” {revised §1131(a)(1)(c)}.

Emergency Orders

Section 4 of the bill would expand the explicit authority of the Secretary of Transportation to issue emergency orders by adding the words “or reoccurring situation” to the description of when the Secretary may issue an emergency order under 49 USC 20104.

Crude Oil Volatility

Section 5 of the bill would require the Secretary to establish, within 90 days of the passage of the bill, “a national standard for the maximum volatility of crude oil to be permitted to be shipped by rail based on the safest practicable standard” {new §20154, Note: that section number is already taken, it should have been §20168}.

Moving Forward

Neither Merkley nor his co-sponsor, Sen. Wyden (D,OR), are members of the Senate Commerce, Science and Transportation Committee, the committee to which the bill was assigned for consideration. This means that the bill is unlikely to be considered in that Committee, especially considering how late we are in the session.

Even if the bill were to make it out of committee it would not make it to the floor of the Senate for consideration due to the expected opposition to the imposition of a volatility standard.

Commentary

This bill is certainly more of a political ploy to gain points with (and monetary support from) the voters back home in Oregon than a real attempt to have an effect on the safe transportation of crude oil. The naming of the bill makes that perfectly clear.

The NTSB authorization language is another dead giveaway that neither Senator had any intention of this bill being considered in Committee. Federal agency authorization bills are always written by senior members of the committee with oversight authority. Attempting to usurp that power and prestige is a sure way to get a bill buried and forgotten.

Bills Introduced – 07-13-16

With just one day left before the House and Senate start their 7-week summer recess we are starting to see a sharp increase in the number of bills introduced with 89 bills introduced yesterday. Of those bills only three may be of specific interest to readers of this blog:

HR 5762 To improve the safety of hazardous materials rail transportation, and for other purposes. Rep. Bonamici, Suzanne [D-OR-1]

S 3186 A bill to amend the Homeland Security Act of 2002 to provide for active shooter and mass casualty incident response assistance, and for other purposes. Sen. Carper, Thomas R. [D-DE]

S 3187 A bill to increase the authorization of the National Transportation Safety Board through fiscal year 2020, to require the NTSB to investigate major oil and other hazardous materials derailments, to expand the Secretary of Transportation's emergency order authority, and to require the Secretary of Transportation to establish a volatility standard for crude oil transported by rail. Sen. Merkley, Jeff [D-OR]

It is tempting to call the two railroad hazmat bills election year posturing, but that would not be the case for Merkley who is not facing re-election for another four years. It will be interesting to see if these are actually companion bills (identical bills introduced in both houses of Congress).

It will be interesting to see if Carper’s bill addresses the unique issues of response to active shooter incidents at facilities where hazardous chemicals are stored.