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U.S. DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration

U.S. DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration NASTTPO BRIEFING May 2016. U.S . DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Presentation Agenda PHMSA Updates Program Updates Regulatory Updates

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U.S. DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration

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  1. U.S. DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration NASTTPO BRIEFING May 2016

  2. U.S. DEPARTMENT OF TRANSPORTATION • Pipeline and Hazardous Materials Safety Administration • Presentation Agenda • PHMSA Updates • Program Updates • Regulatory Updates • HMEP Training Guidelines

  3. PHMSA UPDATES • PHMSA Priorities • F.A.S.T. Act • Transportation Rail Incident Preparedness and Response (TRIPR)

  4. PHMSA’s FY2015 IT Portfolio PROGRAM UPDATES • HMEP Program Priorities • 2017 HazMat Training & Planning Summit • Technical Webinars

  5. Regulatory Update HHFT Rule Emergency Order FAST Act Oil Spill Response Planning and Information Sharing NPRM

  6. Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains (HHFT) • Final rule published: 5/8/2015 • Effective date: 7/7/2015 • Response to appeals: 11/18/2015 • Purpose: • Created regulations for better classification of crude oil and HHFT operations: tank car design, speed restrictions, braking systems, and routing • Fixing America’s Surface Transportation (FAST) Act: • Signed into law 12/4/2015 • Requires changes and/or additional study to provisions adopted in HM-251

  7. Notification Emergency Order • Proposed but not adopted in HHFT rule. • May 28, 2015: DOT announces that the May 2014 Emergency Order regarding emergency response notifications for shipments of petroleum crude oil by rail will remain in full force and effect until further notice while the agency considers options for codifying the May 2014 disclosure requirement on a permanent basis. • December 4, 2016: The FAST Act requires DOT to develop regulations for railroad operators to share real-time Emergency Response Information and to codify the May 2014 Emergency Order for HHFTs.

  8. FAST Act – Section 7302 Requires regulations for real-time and electronic train consist information for hazardous materials to be provided to state fusion center. Requires codification of the Emergency Order for Class I railroads carrying HHFTs. Adds provisions for information sharing and protection.

  9. FAST Act – Emergency Order require each applicable State emergency response commission to provide to a political subdivision of a State, or public agency responsible for emergency response or law enforcement, upon request of the political subdivision or public agency, the information the commission receives from a Class I railroad pursuant to paragraph (3), including, for any such political subdivision or public agency responsible for emergency response or law enforcement that makes an initial request for such information, any updates received by the State emergency response commission.

  10. FAST Act – Emergency Order establish security and confidentiality protections, including protections from the public release of proprietary information or security-sensitive information, to prevent the release to unauthorized persons any electronic train consist information or advanced notification or information provided by Class I railroads under this section

  11. Hazardous Materials: Oil Spill Response Plans and Information Sharing for HHFTs (HM-251B) • NPRM, forthcoming • Continuation of Advance Notice of Proposed Rulemaking, which was published on 8/1/14 • Purpose: • Revise the applicability of comprehensive oil spill response plans based on thresholds of petroleum oil that apply to an entire train • Require railroads to share information about HHFT operations with SERCs and TERCs

  12. `

  13. HM-251B ANPRM 9/17/2015

  14. Comment on a proposed rule PHMSA-2014-0105

  15. GUIDELINES FOR PUBLIC SECTOR HAZARDOUS MATERIALS/WMD RESPONSE, PLANNING AND PREVENTION TRAINING 2016 Edition Briefing Presented by Shakira Mack and Suezett Edwards

  16. 49 U.S. Code § 5115 “In coordination with the Administrator of the Federal Emergency Management Agency . . . the Secretary of Transportation shall maintain, and update periodically, a current curriculum of courses necessary to train public sector emergency response and preparedness teams in matters relating to the transportation of hazardous material.”

  17. GUIDELINES HISTORY • The Hazardous Materials Uniform Safety Act (HMTUSA) of 1990 authorized USDOT to develop a “curriculum” or “list of courses” that would ensure that effective training was conducted using grant funds. • In 1991, a national meeting of 200 training managers met to determine what would be the most effective curriculum for the HMEP grant program.

  18. GUIDELINES HISTORY (cont.) • That group recommended the following: • Guidelines that combined all standards and regulations impacting responder training so that training managers could go to one place for HMEP training requirements. • A course assessment system that would provide self-assess training programs • Training Methodology support and model program development to help guide expansion of HMEP grantee curricula

  19. GUIDELINES HISTORY (cont.) • 1993: First print edition was developed blending OSHA 1910.120, EPA 311, NFPA 472 (1992) • 1997: Second edition released adding OSHA updates and a new Planning Section • 2003: Third edition added new planning requirements and a new section on hazmat prevention/mitigation • 2009: a Fourth edition was developed that reflected new 2008 NFPA 472 and updated planning and prevention/mitigation guidance

  20. 2016 OPPORTUNITIES AND CHALLENGES IN HAZMAT RESPONSE, PLANNING AND PREVENTION/MITIGATION TRAINING A focus group meeting was held in Fall 2015 where findings and recommendations regarding today’s opportunities and challenges were made. Representatives from NFPA, NFA/FEMA, PHMSA and NASTTPO were in attendance.

  21. Findings and Recommendations Current Challenges exist in the following areas: Risked Based Response* Under-Training of Some Responders* Effectiveness of Exercises* Core and Mission-Specific Operations Curricula*

  22. Findings and Recommendations (cont.) 5. Improved Access to Risk Information 6. Hazardous Materials Inspections 7. Hazardous Materials Response Communication 8. Commodity Flow Studies* *These challenges and opportunities will be addressed in the Guidelines and technical webinars, remaining challenges will be addressed at the Agency/regulatory level.

  23. RISK BASED RESPONSE Challenge: Some training programs at the ops level focus only on procedural and rule-based response, there may be a need to foster the application and use of risk based response decision making.

  24. RISK BASED RESPONSE (cont.) Opportunities: Risk based response was strongly endorsed by the focus group. It is defined as a systematic process by which responders assess the hazards, evaluate consequences and determine appropriate response actions based on facts, science and the circumstances of the incident.

  25. UNDER-TRAINING OF SOME RESPONDERS Challenge: The increasing scope of responsibilities and decreasing amount of time “to do it all” has created training challenges to sustain response capabilities.

  26. UNDER-TRAINING OF SOME RESPONDERS (cont.) Opportunities: Provide hazmat training or confirmation of competency training in alternative formats that require less stand-down time.

  27. EFFECTIVENESS OF EXERCISES Challenge: Impediments that reduce the effectiveness of exercises include low levels of participation, absence of key personnel, insufficient pre-exercise assessment of existing gaps, and failure to develop meaningful exercise scenarios and objectives.

  28. EFFECTIVENESS OF EXERCISES (cont.) Opportunities: Through the Guidelines and technical webinars, PHMSA will partner with NFA/FEMA to provide more substantive guidance for exercise design and evaluation.

  29. CORE AND MISSION-SPECIFIC OPERATIONS CURRICULA Challenge: There continues to be a number of responders who believe that awareness level training is sufficient for all emergency responders

  30. CORE AND MISSION-SPECIFIC OPERATIONS CURRICULA (cont.) Opportunities: Further national support to help promote jurisdictions transitioning to the responder competency and training levels defined in NFPA 472.

  31. COMMODITY FLOW STUDIES Challenge: The complexity of the statistical analyses may be difficult for those other than technical staff to assess and weigh the findings in support of practical preparedness response plans.

  32. COMMODITY FLOW STUDIES (cont.) Opportunities: Provide supplemental guidance that prescribes procedures that are more simplified than the mathematical formula approach commonly used to ensure the reliability and accuracy of the studies.

  33. GUIDELINES FOR PUBLIC SECTOR HAZARDOUS MATERIALS/WMD RESPONSE, PLANNING AND PREVENTION TRAINING • Will be divided into three sections: • Hazardous Materials/WMD Incident Response Curriculum • Hazardous Materials/WMD Incident PlanningCurriculum • Hazardous Materials Prevention/MitigationCurriculum

  34. 2016 GUIDELINES: Hazardous Materials/WMD Incident Response Curriculum Will include required training (OSHA 29 CFR 1910) and recommended training objectives that reflect the NFPA 472 standard. The 2016 Guidelines will include a variety of technical updates stemming from the forthcoming 2017 update to NFPA 472; DHS references, technical content, and operation requirements related to terrorist incident response.

  35. 2016 GUIDELINES: Hazardous Materials/WMD Incident Planning Curriculum The goal of this section is to enhance the knowledge, skills and attitudes of the broad spectrum of training audiences who contribute to the development of local hazmat plans. Will reflect changes in federal planning and hazard reporting requirements and hazard analysis and risk assessment procedures for transportation potential incidents.

  36. 2016 GUIDELINES: Hazardous MaterialsPrevention/Mitigation Curriculum Based on the concept that the majority of accidents don’t just happen—they are caused. Most hazmat related accidents are—at some point– preventable. Will target training audiences who have the opportunity to prevent or mitigate the risk of hazmat incidents. Updates will reflect changes in the base OSHA standards for process safety and changes in land use planning.

  37. 2016 GUIDELINES: Grant Program Allowability Reminders Standards: NFPA/OSHA (“ability to protect”) WMD will be included as part of the 472 standard; however, courses devoted solely to WMD with no transportation tie-in will remain unallowable activities under the HMEP grant program. Activities/Courses funded by HMEP must still include a transportation tie-in

  38. Questions & Answers

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