GOVERNMENT
Safety Rules Expected for Railcars Carrying Hazardous Materials Although industry is generally supportive, it warns planned changes will be costlier than estimated and don't address main problem—derailments The Department of Transportation will be quite busy this year, issuing new regulations required under the 1990 reauthorization of the Hazardous Materials Transportation Act. One of the regulations expected to be promulgated this year will set new safety standards for railroad cars that carry hazardous materials. The chemical industry, with an important stake in materials transportation, agrees many of the recommended changes will be helpful, but believes DOT in some cases goes too far. In comments to DOT, the Chemical Manufacturers Association, the principal chemical industry trade group based in Washington, D.C., endorses a wide array of provisions aimed at improving design and safety features of railroad tankcars. But CMA contends that the changes will be much more expensive to implement than DOT has estimated. Further, it says the proposal will not do anything to address the primary cause of hazardous materials releases—train derailments. The chemical industry has a very large stake in tankcar requirements. CMA estimates that up to 100 of its members ship hazardous materials by rail, utilizing more than 205,000 carbon steel railroad tankcars, plus thousands more made of aluminum and nickel. To find out just how chemical companies would be affected by DOT's proposed standards, CMA sent a survey to its member compa16
January 28, 1991 C&EN
nies asking for cost and feasibility information, among other things. Of the 22 companies that supplied information, most did provide specific information on car counts and costs. Those responses don't fit well with DOT's assumptions about the regulation. For instance, DOT's Research & Special Programs Administration (RSPA), which has responsibility for ensuring safe transport of hazardous materials, did not consider this a "major regulation" because, in part, it was estimated that it would cost less than $100 million and would not substantially affect small business. CMA disagrees. Its members note that for just 14 companies, making the improvements suggested by DOT would cost in excess of $500 million, and the entire industry would have to pay considerably more. According to CMA's manager of distribution safety programs, Frank J. Principi, there are two underlying problems with DOT's approach to tankcar improvements. One is how the department determined what is wrong. DOT based its recommendations for safety improvements on data from just five tankcar derailments and one fixed release (Bhopal). Since many more derailments than that occurred in the past decade, CMA believes the database should have been a lot bigger to justify the problem areas and their possible solutions. The second is DOT's apparent belief that hazardous releases can be mitigated by "overpackaging" the tankcars. This means building them with more and more safety features. CMA contends that DOT would be more effective if it put more effort into trying to stop derailments. Principi says an analysis of releases from tankcars of 13 environmentally
sensitive chemicals over the past 10 years shows the releases have all been the result of derailments, not faulty tankcars. Accidents resulting from badly repaired or broken track or operator errors were the main reasons for the releases. "We're absolutely confident that if you reduce derailments, you just wouldn't have the releases or explosions of the past," Principi says. As for RSPA's ideas on new standards, CMA says many of them would be helpful. It especially likes improvements such as adding full head shields, thermal shields, and bottom outlet protection to new cars when constructed. However, it says existing rail tankcars should not have to meet these more stringent standards, except those used to transport gases poisonous by inhalation. Another proposal would ban outlets on the bottom of cars. Although the chemical industry believes this is a good idea for some products, elimination of bottom outlets would mean, in addition to the costs of removing existing valves, rebuilding of receiving stations designed to take chemicals from the bottom outlets. CMA says it supports research to improve integrity of all tankcar fittings and valves. Principi says another way to reduce the likelihood of chemical releases in an accident would be to require double-shelf couplers on all railcars. Current regulations mandate these devices, which prevent cars from separating, on all tankcars carrying hazardous chemicals, but not on freight cars. In some accidents, the train cars fold up like an accordion, and the freight cars, without the coupling protection, come uncoupled, making it possible that those couplers could puncture the tankcars. CMA has requested
that DOT require that all cars in hazardous materials trains use the double-shelf couplers. One of the most expensive of the RSPA proposals is elimination of all exemptions for existing tankcars under the tougher standards. Eliminating "grandfather clauses" for the old cars, CMA says, would cost the chemical industry well over $12 billion, and would "decimate the national tankcar fleet and bring rail transportation of hazardous materials to a virtual halt." CMA makes several suggestions in lieu of retrofitting shields and other changes to tankcars. For example, it suggests the use of acoustic emissions testing to maintain tanks and underframes in good condition. Such testing could help eliminate weaknesses in tankcars caused by corrosion, cracks, lamination, and pits. It also suggests the railroad industry could help ensure transportation safety by strengthening its drug and alcohol testing program of employees responsible for the movement of hazardous materials. CMA holds that it is the responsibility of all three industries involved—chemical, railroads, and tankcar manufacturers—to increase safety, Principi says. And the chemical association is working with the Association of American Railroads to improve programs on hazardous materials. Principi points out that the Union Pacific Railroad has begun an excellent "no derailment" program that could serve as a model for the industry. CMA's ongoing Responsible Care program, as part of its distribution code, encourages industry to work toward an attitude of preventing any releases. These tankcar standards are just one set of regulations facing companies working with hazardous chemicals. Others include new placarding rules for shipments and computertracking regulations. In 1991, RSPA has about 14 regulations and major studies to complete under the recently passed reauthorization of the Hazardous Materials Transportation Act. U n f o r t u n a t e l y , the agency probably will not get the needed funds or personnel to complete them on Congress' timetable. David Hanson
Federal Alert— new legislation This C&EN listing highlights legislation introduced in Congress between Jan. 3 and 18, 1991. House and Senate bills are listed under subject area by bill number, primary sponsor, and committee(s) to which they were referred.
Safety. H.R. 549—Shumer (D.-Calif.). Provides increased penalties for workplace endangerment. Judiciary. Taxes. H.R. 101—Gilman (R.-N.Y.). Imposes excess profits tax on income of corporations engaged in production of petroleum and petroleum products for limited time. Ways & Means. H.R. 127—Guarini (D.-N.J.). Amends tax code to provide permanent exclusion from gross income of amounts paid for employee educational assistance. Ways & Means.
HOUSE
H.R. 295—Conte (R.-Mass.). Imposes excise tax on windfall profits derived from crude oil. Ways & Means.
Competiveness. H.R. 27—Fish (R.-N.Y.). Amends antitrust laws to allow companies under certain limits to carry out joint production ventures as well as joint R&D programs. Judiciary.
Trade. H.R. 97—Hertel (D.-Mich.). Prohibits exports of refined petroleum products from U.S. during period of war or hostilities between U.S. and another country. Foreign Affairs.
Energy. H.R. 560—Panetta (D.-Calif.). Sets floor price of $16 a barrel for oil; substantially increases funding for energy conservation and alternate fuels R&D; mandates more fuel-efficient cars. Energy & Commerce; Science, Space & Technology; Ways & Means. Environment. H.R. 67—Boehlert (R.-N.Y.). Establishes Department of Environmental Protection. Government Operations. H.R. 139—McEwen (R.-Ohio). Requires any federal entity responsible for release of hazardous substance at Superfund site to pay promptly, and before anyone else, costs associated with cleaning up site. Energy & Commerce. H.R. 170—Oberstar (D.-Minn.). Prevents groundwater contamination by pesticides. Agriculture; Energy & Commerce; Public Works & Transportation. H.R. 173—Olin (D.-Va.). Requires states to develop 20-year plans for disposing their own solid waste, permits for transporting and disposing of wastes; then allows states to place limits on disposal of out-of-state wastes. Energy & Commerce. H.R. 177—Pease (D.-Ohio). Requires EPA to consider applicant's prior record when issuing permit for hazardous waste facility or PCB incinerator. Energy & Commerce. Hazardous waste. H.R. 510—Kolter (D.Pa.). Requires generators of hazardous waste to treat or dispose of their waste at site on which waste was generated. Energy & Commerce. Product liability. H.R. 420—Schulze (R.-Pa.). Places limits on product liability actions based on useful life of product. Judiciary. Recycling. H.R. 230—Snowe (R.-Me.). Prohibits use in interstate commerce of plastic bottles that do not carry code identifying resin used to make them. Energy & Commerce.
SENATE Energy. S. 220—Ford (D.-Ky.). Provides up to $27 million over three years for R&D program to promote cofiring of natural gas and coal in utility boilers. Energy & Natural Resources. Global change. S. 201—Gore (D.-Tenn.). Provides for research on causes and effects of global climate change; strengthens restrictions and phaseout of substances that destroy upper ozone layer; requires reductions in carbon dioxide emissions; creates national recycling program to expand markets for recycled goods. Environment & Public Works. Immigration. S. 44—Moynihan (D.-N.Y.). Makes it easier for aliens holding bachelor of science degrees or postgraduate degrees in natural science, computer science, or engineering to be admitted to U.S. as permanent residents. Judiciary. Liability. S. 195—Pressler (R.-S.D.). Does away with doctrine of joint and several liability by requiring parties found to be at fault to pay damages in proportion to their degree of fault. Judiciary. Taxes. S. 24—Moynihan (D.-N.Y.). Makes permanent exclusion from gross income of educational assistance provided to employees. Finance. S. 154—Nickles (R.-Okla.). Imposes fee on imports of crude oil and refined petroleum products. Finance. Trade. S. 59—Moynihan (D.-N.Y.). Mandates study of impact of compliance with international environmental agreements on international trade and of justifiability of foreign nations' environment, conservation, and health laws. Finance.
H.R. 231—Snowe (R.-Me.). Sets national goals, to be turned into regulations, for reduction and recycling of municipal solid waste. Energy & Commerce.
Waste. S. 174—Specter (R.-Pa.). Allows states with EPA-approved plans for disposing of their own solid wastes to charge hefty fees for disposing of out-of-state garbage within their borders. Environment & Public Works.
H.R. 300—Hochbrueckner (D.-N.Y.). Establishes grants program for recycling research, promotes creation of markets for postconsumer materials. Energy & Commerce; Science, Space & Technology.
S. 175—Bingaman (D.-N.M.). Allows states, with the approval of EPA and Congress, to enter into compacts providing for regional management of solid waste. Environment & Public Works.
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