A lot has been written in this newspaper about how little Congress is accomplishing this summer. But there is something important Washington could do before the August recess without any congressional action — demand safer standards for hauling crude oil.
The need for such standards is more urgent than ever, as we mark the one-year anniversary this month of the Lac-Mégantic train derailment in Canada. The accident — in which a train carrying crude oil derailed and exploded — resulted in the loss of 47 human lives and inflicted tremendous emotional and physical damage. It has also raised concerns in Congress and in many lawmakers’ districts about the significant increase in the movement of oil through U.S. communities — and the fact that much of the oil is transported in older train tank cars that do not have the latest safety technologies.
Unfortunately, the Department of Transportation has yet to mandate design improvements that would enhance the safety of tank cars. As a result, the industry continues to rely on so-called legacy DOT-111 tank cars to handle the surge of oil being produced in places like North Dakota’s Bakken oil field.
The DOT’s inaction has recently caused lawmakers to consider taking matters into their own hands; last month, the Senate Appropriations Committee approved proposed legislation to mandate new tank car designs by Oct. 1. But the need for such improvements has been evident for years. As far back as 2011 and after lengthy study, industry and the American Association of Railroads petitioned the U.S. government to mandate a more robust tank design with thicker steel shells, and protection for the top, bottom and both ends of the tank car. When government action did not appear imminent, industry and the AAR voluntarily adopted the more robust standard — called CPC-1232 — for new tank cars ordered after Oct. 1, 2011.
Today, more than three years after the more robust CPC-1232 standard was proposed by this consensus group, DOT-111 specification remains the government-specified design in the United States. The railroads are common carriers and by law, they are required to move any car that properly “packages” commodities to DOT specifications.
In the wake of Lac-Mégantic and several other high-profile tank car derailments, it has become clear regulators need to mandate a tank car with features that exceed even the CPC-1232. Prominent among the features of a more robust tank car are a 9/16 inch thick steel tank, a high capacity pressure relief valve to protect the tank from internal pressure resulting from a fire, 1/2 inch full-height head shields at both ends of the tank car, a bottom outlet valve handle that disengages so it does not unintentionally open during derailment, a ceramic thermal jacket around the tank shell and an outer steel jacket around the car to additionally protect against punctures and fire.
At The Greenbrier Companies, one of a small cohort of companies that builds tank cars, we call this the Tank Car of the Future. Others in our industry have endorsed it as well. The design is known, materials are available, and we could build this tank car in our facilities today. The only thing holding us back is the government’s inaction on proposed new tank car design regulations that have been pending for nearly 40 months now.
Rep. Elijah Cummings, D-Md., right, hugs Harold Schaitberger, General President of the International Association of Fire Fighters, after the Congressman spoke at the IAFF's Legislative Conference General Session at the Hyatt Regency on Capitol Hill, March 9, 2015. The day featured addresses by members of Congress and Vice President Joe Biden.