HomeMy WebLinkAboutRes 25-13 10/01/2013 Supporting the Retrofit of Existing DOT-111 Rail Tank CarsRESOLUTION NO. 25 -13
A RESOLUTION SUPPORTING THE RETROFIT OF EXISTING DOT -111 RAIL TANK
CARS THAT TRANSPORT PACKING GROUPS I AND II HAZMAT BEFORE THE
PIPELINES AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION IN
DOCKET NO. PHMSA- 2012 -0082 (HM -251)
WHEREAS, rail freight operations impact thousands of villages, towns, cities and counties across all regions of
the United States of America; and
WHEREAS, safe rail operations are of critical interest to local units of government based on (1) the need to
prevent catastrophic accidents like the one that occurred in Lac - Megantic, Canada in July 2013; and (2) the
responsibility local governments have to provide emergency response units to manage the impact of rail accidents
and derailments in communities across the country; and (3) significant costs associated with clean -up,
environmental remediation, medical expenses, other personal injury damages or wrongful death claims for
community residents that have the potential to surpass the rail industry's ability to pay for them; and
WHEREAS, ethanol and crude oil are a large and exponentially growing segment of hazardous materials
being shipped across the nation via freight rail, which will continue to be a preferred transport mode of
choice for this hazmat; and
WHEREAS, since 1991, it has been known to industry and federal regulators that there are safety- related
defects in the DOT -111 tank car that serves as the primary tank car used in the shipping of these hazardous
flammable materials via freight rail; and
WHEREAS, the federal Pipelines and Hazardous Materials Safety Administration (PHMSA) regulates the safe
transport of hazardous materials by railroads in the United States; and
WHEREAS, the business decisions of railroad companies and hazardous material shippers impact the safety,
environment, and emergency response system in the communities in which the freight railroads traverse, but
state and local governments have no ability to regulate railroad operations; and
WHEREAS, industry has failed to act in the last two decades to correct the known defects in DOT -111 tank
cars, and waited until 2011 to seek government approval to upgrade safety standards for newly manufactured
DOT -111 tank cars, and
WHEREAS, a tank car expert from the National Transportation Safety Board testified in 2012 that a retrofit
of existing tank cars is necessary because co- mingling existing unsafe DOT -111 tank cars with newly
manufactured ones "does nothing to improve the safety in an accident "; and
WHEREAS, the petition for rulemaking submitted to PHMSA on April 3, 2012 by Barrington, Illinois and the Illinois
TRAC Coalition reflects the point of view of local governments, which is supported by recommendations of the
National Transportation Safety Board, that changes are needed in federal regulations and /or law to better
protect public safety relative to DOT -111 tank car safety and train consist dissemination; and
WHEREAS, the April 3, 2012 petition provides a compelling rationale for making long overdue changes in safe
rail operations vis -a -vis retrofitting existing DOT -111 tank cars; and
WHEREAS, the April 3, 2012 petition demonstrates that the cost of a DOT -111 tank car fleet retrofit for existing
cars would be of nominal expense over the remaining average thirty -year lifespan for the existing fleet; and
WHEREAS, PHMSA issued on September 6, 2013 (78 Federal Register 54849 - 54861) an Advance Notice
of Rulemaking seeking by November 5, 2013 the input from local and state governments on the issue of
retrofitting the DOT -111 tank car.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby support the April 3,
2012 petition of Barrington, Illinois and the Illinois TRAC Coalition seeking new regulations to retrofit existing
DOT -111 tank cars used to transport Groups I and II Packing Materials.
SECTION 2: This Resolution shall be in full force and effect from and after its passage and approval in the
manner provided by law.
SECTION 3: This adopted Resolution shall be sent to the Pipelines and Hazardous Materials Safety
Administration in Docket No. PHMSA- 2012 -0082 (HM -251) urging expeditious action on the joint Barrington and
Illinois TRAC Coalition April 3, 2012 Petition No. P -1587.
AYES: Hoefert, Korn, Matuszak, Polit, Rogers, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 1 St day of October, 2013.
Arlene A. Juracek
Mayor
ATTEST:
M. Lisa Angell
Village Clerk