Lowey Applauds U.S. Department of Transportation Progress on Rules for the Transport of Crude Oil and Improved Tank Car Standards

Press Release

Congresswoman Nita M. Lowey (D-Westchester/Rockland), Ranking Democrat on the House Appropriations Committee, today applauded an announcement by the U.S. Department of Transportation (USDOT) that it will embark on a comprehensive rulemaking process to help ensure the safety of rail cars that transport energy products. The announcement comes after months of Lowey pushing the administration to act.

"I applaud the Department of Transportation's movement on the phase-out of the old DOT-111 tank car design, train speed restrictions, improved emergency response coordination, and better testing and classification of hazardous liquids," said Lowey. "All these measures should reduce the risks of dangerous crude transport accidents, but DOT must continue its focus to ensure they protect our communities because so much is at stake. A major disaster could result in the loss of precious lives, serious threats to public health, and damage to our local economy. As the Ranking Member of the House Appropriations Committee, I included language in the FY15 Transportation, Housing, and Urban Development urging the Department to have a final rule on tank car standards as soon as possible, and I intend to hold them to this standard."

"However, I am disappointed the Department will gather additional information before improving comprehensive spill response plans. Preparation for a worst-case scenario must be one of the Department's top priorities."

In April, Lowey sent a letter to President Obama urging him to direct all federal agencies responsible for the oversight of crude oil transport to make more expansive use of their emergency authority in order to immediately mitigate the dangers that crude oil transport poses to communities across the country.

In February, Lowey and Rep. Paul Tonko (D-NY) penned a letter to USDOT following a derailment that same month of a locomotive hauling 97 empty oil tankers near Kingston, New York, after passing through Rockland County, and a December 2013 freight train collision with a truck at a crossing near West Nyack.

USDOT announced the proposals in the form of a Notice of Proposed Rulemaking (NPRM) and a companion Advanced Notice of Proposed Rulemaking (ANPRM). The NPRM proposes enhanced tank car standards, a classification and testing program for mined gases and liquids and new operational requirements for high-hazard flammable trains (HHFT) that include braking controls and speed restrictions. Specifically, within two years, it proposes the phase out of the use of older DOT 111 tank cars for the shipment of packing group I flammable liquids, including most Bakken crude oil, unless the tank cars are retrofitted to comply with new tank car design standards.

The ANPRM seeks further information on expanding comprehensive oil spill response planning requirements for shipments of flammable materials. Both the NPRM and ANPRM are available for review on www.regulations.gov and will now be open for 60 days of public comment. Given the urgency of the safety issues addressed in these proposals, PHMSA does not intend to extend the comment period.

"Time is of the essence," said Lowey. "It is imperative that the Transportation Department finalize these rules to protect and safeguard communities in the Hudson River Valley and across the country from the threats of increased crude oil transport as soon as possible."

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