Description

Description: 2/7/01 Safety News Locomotive Cab Sanitation Standards Proposed Rule.

February 7, 2001

FRARSAC
LCWC

DOT Central Docket Management System
Room PL-401, Nassif Building
400 Seventh Street, S.W.
Washington, DC 20590-0001

Re: Locomotive Cab Sanitation Standards; Proposed Rule
Docket No. FRA 2000-8545, Notice No. 1

Dear Sir or Madam:

The Brotherhood of Maintenance of Way Employes (BMWE) submits the following comments to the above-referenced Notice of Proposed Rulemaking (NPRM) for locomotive sanitation standards. BMWE is a railroad labor union representing approximately 50,000 employees who build, maintain, inspect, and repair the railroad tracks and bridges of all Class I Railroads, and a number of Class II and III Railroads, in the United States and Canada. BMWE supports the promulgation of standards to improve locomotive cab sanitation for train crew personnel. However, it is our position that the NPRM does not adequately address the issue of waste disposal and its significant potential for adverse health affects on rail workers and the environment.

BMWE raised a number of valid issues related to adverse affects of improper waste disposal from locomotive toilet facilities, and made detailed suggestions for remedying these adverse affects, in pre-NPRM comments to FRA dated September 13 and September 14, 1999. However, the above-referenced NPRM does not address these valid waste disposal issues or incorporate any significant safeguards to assure waste disposal methods meet or exceed the current minimum requirements of EPA, FDA, or Occupation Safety and Health Administration (OSHA) standard 1910.141(c)(iii) which states, "the sewage disposal method shall not endanger the health of employees."

Therefore, in addition to these comments, BMWE respectfully requests that our pre- NPRM comments, dated September 13, 1999 and September 14, 1999 respectively, addressed to Ms. Brenda Hattery, Team Leader-FRA (copies attached), be incorporated by reference to these comments and be made part of the permanent record to Docket No. FRA 2000-8545, Notice #1.

FRA-2000-8545 -- February 7, 2001

Our comments of September 13, 1999 and September 14, 1999 form the basis of BMWE's arguments in favor of a prohibition against the discharge of effluent along the right-of-way, the establishment of detailed requirements for maintenance of on-board toilet facilities in accordance with manufacturer's recommended maintenance procedures, and the addition of a regulatory requirement that provides for FRA to conduct annual random statistical sampling of effluent for live organisms, including but not limited to, total coliform, fecal coliform, and fecal streptococci. Therefore, these comments are intended to be read in conjunction with our comments dated September 13 and September 14, 1999.

BMWE has a direct health and safety interest in locomotive sanitation conditions and recognizes that serious health consequences can result if employees, both those on-board the locomotive and those who work along the railroad right-of-way, are exposed to unsanitary conditions or exposed to untreated or partially treated human waste and fecal matter. As noted by FRA, "It is widely known that exposure to human fecal matter or untreated sewage waste can lead to diarrheal diseases such as amebiasis, giardiasis, shigellosis and salmonellosis, and viral diseases such as hepatitis" (Federal Register, January 2, 2001, Volume 66, Number 1, page 137). FRA further acknowledges that "transmission of these illnesses can occur through physical contact with waste"and that "disease transmission may occur through hand-to-mouth ingestion after physical contact with an infected source." (Ibid)

It is precisely for these reasons that BMWE is concerned with the handling and final disposal of human waste on-board locomotives and trains. The vast majority of BMWE members spend their days working along the railroad right-of-way performing track construction, inspection, and maintenance activities. BMWE members routinely eat their lunch along the right-of-way and are seldom afforded access to potable water and antibacterial soap for washing prior to lunch or when otherwise necessary. As such, BMWE reiterates its strongly held belief that no on-board toilet facility wastes should be discharged along the railroad right-of-way. It is the opinion of BMWE that prohibiting and preventing discharge from on-board toilet facility systems is the only absolute way of assuring that BMWE members, and thousands of other "roadway workers," do not come in contact with disease causing organisms, including but not limited to, total coliform, fecal coliform, and fecal streptococci.

For the sake of brevity and to avoid redundancy, BMWE will not restate verbatim herein all the concerns and proposed remedies articulated in our pre-NPRM comments dated September 13, 1999 and September 14, 1999. Rather, will build upon those comments, which are incorporated herein by reference, and provide additional comments to the above-reference NPRM.

FRA-2000-8545 -- February 7, 2001

To achieve the requisite level of safety and health for BMWE members and other "roadway workers" along the right-of-way, BMWE recommends the following additions or revisions to proposed Section 229.5, Definitions. Added or revised language as proposed by BMWE will be shown in bold italics:

Definitions; 229.5

PROPOSED DEFINITION FOR "SANITARY":

Sanitary means the absence of any significant amount of filth, trash, human waste present in such a manner that a reasonable person would believe that the conditions might constitute a health hazard; the absence of any live organisms, including but not limited to total coliform, fecal coliform, and fecal streptococci in effluent discharged into the environment; or of strong, persistent, chemical or human waste odors sufficient to deter use of the facility, .... .

PROPOSED DEFINITION FOR "TOILET FACILITY":

Toilet facility means a system that automatically or on command of the user removes human waste to a place where it is treated, eliminated, or retained such that no solid or non-treated liquid waste is thereafter permitted to be released into the bowl, urinal, environment, or room and that prevents harmful discharges of gases or persistent offensive order. The toilet facility must prevent the environmental discharge of any unsanitary or harmful products such as, but not limited to, solid waste, hazardous chemicals, bacteria, viral agents, total coliform, fecal coliform, and fecal streptococci.

PROPOSED DEFINITION FOR "UNSANITARY":

Unsanitary means any conditions in which any significant amount of filth, trash, human waste are present in such a manner that a reasonable person would believe that the condition might constitute a health hazard; any conditions which would allow or cause discharge into the environment of live organisms, including but not limited to total coliform, fecal coliform, and fecal streptococci; or strong, persistent, chemical or human waste odors sufficient to deter use of the facility.... .

In addition to the forgoing definition revisions, BMWE proposes the following revisions, in the form of new language, to be added to Section 229.137(a)(2):

FRA-2000-8545 -- February 7, 2001

[New language]

229.137(a)(2)(iii) For sanitation compartments equipped with biological waste treatment systems, displays a clearly legible sign which states:

(A) The maximum capacity of this system is ???? [???? = number of flushes per manufacturer's maximum use assumptions] flushes per hour which must not be exceeded at any time;

(B) Do not discard any foreign matter (liquid or solid) in toilet;

(D) Do not use unapproved cleaners, including anti-bacterial agents or products containing chlorine.

In addition to the foregoing, BMWE proposes revisions to proposed Section 229.137(d) as follows:

229.137(d) Defective, unsanitary toilet facility; use in trailing position. If the railroad carrier determines during the daily inspection required by Sec. 229.21 that a locomotive toilet facility is defective or is unsanitary, or both, the railroad carrier may use the locomotive in trailing position. If the railroad carrier places the locomotive in trailing position, the carrier shall not haul employees in the unit unless the sanitation compartment is made sanitary prior to occupancy. If the toilet facility is defective and the unit becomes occupied, the railroad carrier shall clearly mark the defective toilet facility as unavailable for use and shall render the toilet facility inaccessible by securing the facility against entry. Defective toilets shall be plugged to prevent any environmental discharge pending servicing.

BMWE also proposes revisions to proposed Section 229.137(e) as follows:

229.137(e) Defective, sanitary toilet facility use in switching, transfer train service. If the railroad carrier determines during the daily inspection required be Sec. 229.21 that a locomotive toilet facility is defective, but sanitary, the carrier may use the locomotive in switching service, as set forth in paragraph (b) (1) (ii) of the section, or in transfer train service, as set forth in paragraph(b) (1) (iii) of this section for a period not to exceed 10 days. In this instance, the railroad carrier shall clearly mark the defective toilet facility as

FRA-2000-8545 -- February 7, 2001

unavailable for use and shall render the toilet facility inaccessible by securing the facility against entry. The defective toilet shall be plugged to prevent any environmental discharge pending servicing. After expiration of the 10-day period, the locomotive shall be repaired or used in the trailing position.

As stated previously, BMWE remains opposed to the utilization of biological waste treatment systems in locomotives and rail passenger cars for reasons already articulated in our comments of September 13 & 14,1999 which are incorporated herein by reference. Absent a regulatory prohibition against right-of-way discharge, it remains absolutely imperative to the safety and health of roadway workers and the protection of the environment that FRA establish comprehensive maintenance, inspection, capacity, and testing standards to assure that no viable (live) organisms will be present in the effluent at the instant of discharge into the environment.

We stress that prohibiting the discharge of effluent, as opposed to attempting to regulate the microbiological make-up of discharged effluent, is the safest and healthiest means of assuring all employees "a clean, safe workplace" free of known hazards. With reference to biological waste treatment systems, it will be virtually impossible for FRA to ensure with certainty that sufficient contact time between the chlorine and the effluent occurs in order to achieve a total "kill" of microorganisms under all likely use scenarios, and it will be equally impossible to identify when and where "live" discharges occur along the right-of-way. However, adding a provision to the Final Rule requiring FRA to perform random statistical sampling of effluent for live organisms can at least provide some measure of compliance with FDA regulations prohibiting the release of untreated human waste along the railroad right-of-way. Absent such statistical sampling, there is no objective means for measuring the performance of these biological waste treatment systems and the effectiveness of the carriers' maintenance program for these systems.

The report presented by Stewart Laboratories, Inc., dated 8/22/72, entitled "Special Chlorination Efficiency Studies and Microbiological Certification of Microphor Biodegradable Toilets Models H-8 and H-12," provides data on the time-dependent efficiency of Microphor's biological waste treatment systems. The Time Dependency -- Variable Load Studies in Table VII established experimentally that, in order to achieve a total kill of fecal streptococci, approximately 2 hours and 30 minutes of contact time between the effluent and the chlorine is required. Conversely, in each of the 5 samples tested in Table VII, even minor decreases in contact time resulted in the survival of live colonies of fecal streptococci. Of course, it must also be recognized that these studies were conducted under carefully controlled conditions which can not possibly duplicate all the many variables which can and do occur under everyday railroad operating conditions. These variable conditions include peak-uses, uncontrolled multiple flushes, unauthorized introduction of foreign substances, and system maintenance factors.

FRA-2000-8545 -- February 7, 2001

Given all the possible variables which ultimately will occur under actual railroad operating conditions, BMWE remains adamant that the safest and healthiest approach to the disposal issue is to retain the wastes in on-board holding tanks (which meet the proposed definition of sanitary) for later disposal at a sanitary waste treatment facility.

While BMWE remains opposed to the utilization of any sanitary system which discharges directly onto the roadbed, we would certainly have to support the establishment of specific servicing requirements for biological waste treatment systems should such systems ultimately be recognized in the final rule. Without prejudice to BMWE's position that wastes should not be discharged onto the railroad right-of-way, BMWE would support a requirement that all railroads follow the manufacturer's maintenance program for achieving "zero live total coliform, fecal coliform, and fecal streptococci"discharges by all systems in use on-board. Thus, in response to FRA's specific request for comment on this issue, BMWE would support FRA requiring, and reducing to writing, servicing requirements that meet, and where necessary exceed, the manufacturer's recommended maintenance practices for the toilet system in use.

In response to FRA's specific request for comment regarding testing of effluent, BMWE also proposes the following be incorporated into the Final Rule:

FRA shall establish a collection and testing program which will include random, unannounced collection of effluent from a minimum of 10% of the biological waste treatment systems in service on each railroad annually. Beginning on the effective date of the Final Rule, if the testing data for any calendar year indicates greater than zero colonies/100 ml total coliform, fecal coliform and fecal streptococci in any tested unit, the annual testing rate shall be increased to 25% of the biological waste treatment systems in service on the offending railroad(s). The Administrator of FRA may lower the rate back to 10% if the data for 2 consecutive calendar years is zero colonies/100 ml total coliform, fecal coliform and fecal streptococci.

FRA-2000-8545 -- February 7, 2001

FRA must assure that random testing is conducted under "operational conditions," i.e., while the locomotive is in service and prior to servicing of its toilet facility. The results of such testing should be made available to the public via FRA records. Discovery of non-compliant effluent during year-round random sampling conducted by FRA shall trigger an expanded inspection of additional toilet facility systems on the carrier, an immediate FRA investigation into the cause of the non-compliant effluent, and immediate measures to assure the systems return to full compliance. BMWE also believes that FRA should establish civil penalties at a rate which will provide ample incentive for the carriers to perform the required maintenance and to assure their systems remain in compliance at all times, i.e., $10,000.00 per violation and $20,000.00 per willful violation. Finally, BMWE proposes that any positive test require the offending carrier(s) to provide immediate access to anti-bacterial waterless hand cleaner for all roadway workers and any other employee who may come in contact with non-compliant effluent.

In closing, BMWE reiterates its belief that a prohibition against effluent discharge along the right-of-way is the best way to assure that roadway workers are not exposed to human fecal matter or untreated or partially treated sewage waste which can cause disease and illness. BMWE also strongly believes that the only way for FRA to ensure "toilet facilities" meet both the definitional requirement for "sanitary" and the legal requirement prohibiting the discharge of solid waste and "live" microorganisms is to retain the treated effluent from biological waste treatment systems in holding tanks for later disposal at a sanitary waste facility. Utilization of biological waste treatment systems in conjunction with holding tanks for chlorinated effluent would absolutely ensure that "sanitary" facilities are available for on-board personnel, that roadway workers and the environment are not exposed to harmful disease-causing organisms via right-of-way discharge of effluent, and that personnel involved in final off-loading and disposal of effluent from on-board holding tanks are not exposed to "live" disease carrying microorganisms. While BMWE is fully supportive of the promulgation of standards which provide minimum sanitation requirements for train crew personnel, we remain opposed to the discharge of effluent along the railroad right-of-way because such waste disposal methods can not reasonably assure requisite sanitary conditions will be met for all affected railroad employees.

The Brotherhood of Maintenance of Way Employes appreciates this opportunity to provide these comments, as well as our comments of September 13 &14, 1999, to the docket and we respectfully request FRA to consider and adopt our recommendations for the establishment of safe and sanitary on-board toilet facilities, the preservation of the health and safety of roadway workers, and protection of the environment. We fully support the need to promulgate rules governing locomotive sanitation that protect all workers, both those inside and outside the locomotive cab.

FRA-2000-8545 -- February 7, 2001

Due to the potential impact of this rule on safety, health and the environment, BMWE respectfully requests a public hearing on this matter.

Respectfully,

President

Attachments

opeiu-42

September 13, 1999

FRARSAC
LCWC

OVERNIGHT

Ms. Brenda Hattery, Team Leader
Locomotive Cab Working Conditions, RSAC
Federal Railroad Administration
1120 Vermont Ave., NW, MS25
Washington, D.C. 20590

RE: Proposed Locomotive Cab Sanitation Standards, dated 7/15/99

Dear Ms. Hattery:

The Brotherhood of Maintenance of Way Employes (BMWE) submits the following comments for consideration prior to the publication of a Notice of Proposed Rule Making (NPRM) for locomotive sanitation standards. BMWE is a railroad labor union representing approximately 50,000 employees who build, maintain, inspect, and repair the railroad tracks and bridges of all Class I Railroads, and a number of Class II and III Railroads, in the United States and Canada. BMWE has a direct health and safety interest in locomotive sanitation conditions and recognizes that serious health consequences can result if employees, both those on-board the locomotive and those who work along the railroad right-of-way, are exposed to unsanitary conditions or exposed to untreated or partially treated human waste and fecal matter. As noted by FRA, "It is widely known that exposure to human fecal matter or untreated sewage waste can lead to diarrheal diseases such as amebiasis, giardiasis, shigellosis and salmonellosis, and viral diseases such as hepatitis" (Pg. 5, FRA draft proposal dated 7/15/99). FRA further acknowledges that "transmission of these illnesses can occur through physical contact with waste"and that "disease transmission may occur through hand- to-mouth ingestion after physical contact with an infected source." (Ibid)

In exercising its statutory authority to promulgate standards governing locomotive sanitation, FRA must ensure that affected railroad employees, including roadway workers, receive a level of protection which is at least equivalent to the level of protection afforded previously by other federal agencies. FRA must assure that its sanitation standards meet or exceed the minimum standards currently in effect and enforced by various federal agencies, including but not limited to, the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and OSHA general industry standards (29 CFR Part 1910) and construction industry standards (29 CFR Part 1926) for toilet and washing facilities. Sewage disposal from "toilet facilities" must therefore meet or exceed the current minimum requirements of EPA and FDA, as well as OSHA 1910.141(c)(iii), which states, "the sewage disposal method shall not endanger the health of employees." Again, it is BMWE's position that the best way to ensure the disposal method does not endanger the safety and health of railroad employees along the right-of way is to require holding tanks for on-board toilet facilities and to prohibit the discharge of toilet facility wastes onto the railroad right-of-way. Preventing roadway worker contact with human waste is of paramount concern to the BMWE and we believe that systems which provide for the containment of wastes on-board (for later disposal at a sanitary waste handling facility) are superior to systems which "treat" wastes on-board and discharge directly onto the right-of-way.

BMWE is aware that there are various types of toilet facility systems currently in use in the United States, including both self-contained systems and on-board "biological waste treatment systems." BMWE is aware that "biological waste treatment systems" have been utilized by several railroads for over 25 years. BMWE is also aware that the efficiency of these biological waste treatment systems against such disease-causing microbiological organisms as total coliform, fecal coliform, and fecal streptococci is time dependent, meaning that the effluent must remain in contact with the chlorine in the system's chlorinator for a length of time sufficient to insure a "total kill" of microbiological organisms. Therefore, should FRA determine that it can not or will not prohibit discharge along the railroad right-of-way in deference to tens of thousands of roadway workers, BMWE must insist that any "toilet facility" approved by FRA for locomotives and trains be of such design and function as to render a "100% total kill"of microorganisms and not discharge any untreated or partially treated human waste along the railroad right-of -way. Any toilet system, and any maintenance regime for such systems, must absolutely ensure that no solid waste or harmful organisms are discharged onto the right-of-way and any liquid by-product discharged along the right- of-way must be absolutely free of any unsanitary or harmful products such as, but not limited to, solid waste, chemicals, bacteria, viral agents, total coliform, fecal coliform, fecal streptococci, etc.

In order to achieve the requisite level of safety and health protection for both on-board personnel and those personnel defined in 49 CFR Part 214.7 as "roadway workers," BMWE believes that various improvements to the proposed NPRM are essential and necessary. First, BMWE believes that requiring holding tanks in conjunction with biological waste treatment systems is the only realistic method of ensuring that employees are not exposed to the hazards of untreated or partially treated waste and other unsanitary conditions. Absent such a requirement, other improvements, some in the form of specified maintenance and testing practices, must be clearly mandated within the body of the final rule and must assure that the on-board toilet facility and waste disposal methods do not endanger the health of any railroad employee, railroad contractor, or member of the public, or cause to be discharged into the environment any unsanitary or harmful products such as, but not limited to, solid waste, chemicals, bacteria, viral agents, total coliform, fecal coliform, fecal streptococci, etc. To achieve the requisite level of safety and health, BMWE recommends that the NPRM include the following additions or revisions:

First, BMWE proposes that FRA revise the definition of "toilet facility" to include the following underscored language:

(3) Toilet facility means a system that automatically or on command of the user removes waste to a place where it is treated, eliminated, or retained such that no solid or liquid waste is thereafter permitted to be released into the bowl, urinal, or room and that prevents harmful or offensive discharges of gases into the sanitation compartment and also prevents the environmental discharge of any unsanitary or harmful products such as, but not limited to, solid waste, chemicals, bacteria, viral agents, total coliform, fecal coliform, fecal streptococci, etc.

BMWE also proposes the following additions or revisions to proposed Section 229.137- Sanitation:

229.137(d)(4) - Where the railroad carrier utilizes a locomotive equipped with a defective toilet facility in switching service pursuant to paragraph (a)(2) of this section, or in transfer train service pursuant to paragraph (a)(3) of this section, the carrier shall repair the toilet facility within ten calendar days of the date on which it became defective. The date on which the toilet facility becomes defective shall be entered on the daily inspection report and, on that date and prior to the completion of the inspection, the railroad carrier shall clearly mark the defective toilet as unavailable for use and shall render the toilet facility inaccessible by securing the facility against entry.

The effectiveness of biological waste treatment systems is contingent upon sufficient contact- time between the effluent and the chlorine. Too early a discharge due to over use or too frequent flushing has the potential to release disease carrying organisms such as total coliform, fecal coliform, and fecal streptococci onto the right-of-way, causing potentially serious physiological and environmental concerns. Thus, FRA must assure that approved systems be designed to safely handle and treat effluent under both "normal anticipated use" conditions and "worst case peak load" conditions which exceed "normal anticipated use" by a factor of several times. Data supplied by Microphor Industries, Inc., establishes that "the disinfectant (chlorine) is effective against the fecal streptococci organism only so long as it its physically maintained in intimate contact with the organism in the effluent" and also established that "fecal streptococci growth will continue unless a complete "kill" is effected before the effluent is discharged" (Special Chlorination Efficiency Studies, Stuart Laboratories, 8/22/72). Thus, it is imperative to the safety and health of roadway workers and the protection of the environment that FRA establish comprehensive maintenance, inspection, capacity, and testing standards to assure that no viable (live) organisms be present in the effluent at the instant of discharge into the environment. Of course, a prohibition against the discharge of effluent along the right-of-way would effectively address many of the concerns raised herein by BMWE.

The report presented by Stewart Laboratories, Inc., dated 8/22/72, entitled "Special Chlorination Efficiency Studies and Microbiological Certification of Microphor Biodegradable Toilets Models H-8 and H-12," provides data on the time-dependent efficiency of Microphor's biological waste treatment systems. The Time Dependency -- Variable Load Studies in Table VII established experimentally that, in order to achieve a total kill of fecal streptococci, approximately 2 hours and 30 minutes of contact time between the effluent and the chlorine is required. Conversely, in each of the 5 samples tested in Table VII, even minor decreases in contact time resulted in the survival of live colonies of fecal streptococci. Of course, it must also be recognized that these studies were conducted under carefully controlled conditions which can not possibly consider all the many variables which can and do occur under everyday railroad operating conditions. These variable conditions include peak-uses, uncontrolled multiple flushes, unauthorized introduction of foreign substances, and system maintenance factors. Given all the possible variables which ultimately will occur under actual railroad operating conditions, BMWE believes very strongly that the safest and healthiest approach to the disposal issue is to retain the wastes in on- board holding tanks (which meet the proposed definition of sanitary) for later disposal at a sanitary waste treatment facility.

FRA recognizes in its proposed section-by-section analysis "the fundamental need to provide employees with a clean, safe workplace" and further states "it is inconsistent with notions of decency and the minimum requirements for workplaces in other industries to expect employees to work effectively and safely if unsanitary waste or deplorable odors are present" (Pg. 52, FRA draft proposal dated 7/15/99). BMWE agrees wholeheartedly with FRA on this point and we stress that prohibiting the discharge of effluent, as opposed to attempting to regulate the microbiological make- up of discharged effluent, is the safest and healthiest means of assuring all employees "a clean, safe workplace" free of known hazards. With reference to biological waste treatment systems, it will be virtually impossible for FRA to ensure that sufficient contact time between the chlorine and the effluent occurs in order to achieve a total "kill" of microorganisms under all likely use scenarios, and it will be equally impossible to identify when and where "live" discharges occur along the right-of- way. Thus, monitoring of discharge and enforcement of required treatment levels, i.e., zero colonies/100 ml total coliform, fecal coliform, and fecal streptococci, can not reasonably be expected to assure compliance. However, prohibiting and physically preventing discharge along the right-of- way will absolutely ensure that roadway workers are not exposed to unhealthful and unsanitary conditions from untreated or partially treated waste.

While BMWE opposes the utilization of any sanitary system which discharges directly onto the roadbed, we would certainly have to support the establishment of specific servicing requirements for biological waste treatment systems should such systems ultimately be recognized in the final rule. It is recognized within FRA's July 15, 1999 Proposed Locomotive Cab Sanitation Standards that "existing locomotive toilet systems and corresponding maintenance needs are not uniform throughout the industry" and that "adherence to the servicing programs is uneven throughout the industry, and that in many situations, poor servicing is the primary cause of unsanitary, offensive sanitation facilities" (pg.7, FRA draft proposal dated 7/15/99). Of the 234 locomotives surveyed by FRA during both typical and environmentally extreme working conditions, "approximately thirty percent were deficient in some manner related to the use of sanitation facilities."(Ibid) The report further states, "FRA found unsanitary, unpleasant conditions, and in some instances, inoperable units."(Ibid) Based upon these survey results and the industry's historic inability to prevent utilization of non-compliant equipment, the BMWE has no confidence in the industry's ability to assure that discharged effluent will consistently meet the requirements for zero total coliform, fecal coliform, and fecal streptococci.
Without prejudice to BMWE's position that wastes should not be discharged onto the railroad right-of-way, BMWE would support a requirement that all railroads follow the manufacturer's maintenance program for achieving "zero live total coliform, fecal coliform, and fecal streptococci," for all systems in use on-board. Thus, FRA should reduce to writing servicing requirements that meet, and where necessary exceed, the manufacturer's recommended maintenance practices. Such language should be included in proposed section 229.137(d) and should provide (proposed language underscored) that: (1) The chlorinator shall be kept at least 3/4 full with chlorine tablets, shall be kept free of "caking or bridging" chlorine, and shall be inspected for sufficient supply daily; (2) the water tank shall be replenished with water once every seven days or each time the locomotive is refueled, whichever time period is shorter.

BMWE also proposes that FRA require all biological waste treatment toilet facilities to be outfitted with a "timer" which would physically prevent the utilization of the system in excess of its time-dependent capacity to fully treat the effluent. In addition, BMWE proposes to include a requirement to double the capacity of the secondary chlorinator from its current 3.8 gallon capacity to approximately 8 gallons. This would assumably provide more contact time between the effluent and the chlorine prior to discharge and help assure that use of the toilet facility over anticipated peak operations does not result in insufficient contact time and the unintended discharge of "live"organisms, including but not limited to total coliform, fecal coliform, and fecal streptococci. Thus, BMWE proposes the following language also be added to 229.137 (d) : (3) the treatment tank shall have minimum capacity of 8 gallons and the tank shall be replaced every five years; (4) the pressure regulator shall be inspected daily for the collection of moisture and manually drained as necessary, and; (5) the airline lubricator shall be serviced every 15 days. The remainder of section (d) should then be renumbered accordingly.

BMWE proposes that FRA require all carriers utilizing biological waste treatment systems to provide immediate access to anti-bacterial waterless hand cleaner for all roadway workers. Finally, BMWE also proposes that FRA require all biological waste treatment systems to post a sign within the sanitary compartment detailing the following information:

a) The maximum capacity of this system is __?___ number of flushes per hour which must not be exceeded at any time;
b) Do not discard any foreign matter (liquid or solid) into toilet;
c) Do not flush feminine hygiene products;
d) Do not use unapproved cleaners, including anti-bacterial agents or products containing chlorine.

BMWE also proposes that FRA establish a collection and testing program which will include random, unannounced collection of effluent from a minimum of 10% of the biological waste treatment systems in place on each railroad annually and such testing results should be made available to the public. Discovery of non-compliant effluent during the annual random sampling should trigger an expanded inspection of additional toilet facility systems on the carrier, an immediate FRA investigation into the cause of the non-compliant effluent, and immediate measures to assure the systems return to full compliance. BMWE also believes that FRA should establish civil penalties at a rate which will provide ample incentive for the carriers to perform the required maintenance and to assure their systems remain in compliance at all times.

In closing, BMWE reiterates its belief that a prohibition against effluent discharge along the right-of-way is the best way to assure that roadway workers are not exposed to human fecal matter or untreated or partially treated sewage waste which can cause disease and illness. BMWE also strongly believes that the only way for FRA to ensure "toilet facilities" meet both the definitional requirement for "sanitary" and the legal requirement prohibiting the discharge of solid waste and "live" microorganisms is to retain the treated effluent from biological waste treatment systems in holding tanks for later disposal at a sanitary waste facility. Utilization of biological waste treatment systems in conjunction with holding tanks for chlorinated effluent would absolutely ensure that "sanitary" facilities are available for on-board personnel, that roadway workers and the environment are not exposed to harmful disease-causing organisms via right-of-way discharge of effluent, and that personnel involved in final off-loading and disposal of effluent from on-board holding tanks are not exposed to "live" disease carrying microorganisms. While BMWE is fully supportive of the promulgation of standards which provide minimum sanitation standards for train crew personnel, we remain opposed to the discharge of effluent along the railroad right-of-way. Thus, BMWE remains ready, willing, and able to work with FRA and its stakeholders to develop locomotive sanitation regulations which provide the requisite sanitary conditions for all affected railroad employees. However, BMWE also advises that these preliminary comments are not necessarily all inclusive and that the BMWE reserves the right to submit further comments to the NPRM when officially published in the Federal Register. BMWE also reserves the right to take whatever other actions deemed necessary to protect the safety and health of roadway workers who may be subject to effluent discharge from on-board toilet facilities.

Respectfully,

President

cc: Mr. W.E. LaRue
Mr. R. A. Inclima
Honorable Jolene Molitoris
Mr. Ed Wytkind, TTD

opeiu-42

September 14, 1999

Ms. Brenda Hattery, Team Leader
Locomotive Cab Working Conditions, RSAC
Federal Railroad Administration
1120 Vermont Ave., NW, MS25
Washington, D.C. 20590

RE: Proposed Locomotive Cab Sanitation Standards, dated 7/15/99

Dear Ms. Hattery:

With reference to my letter of September 13, 1999 regarding locomotive cab sanitation, I am writing to correct a drafting error in the last paragraph on page 5, continuing onto page 6. The following represents the corrected language of the paragraph (correction specific to 229.137(d)(3) ) with the replacement language for 229.137(d)(3) italicized for identification purposes. Thus, the complete paragraph with corrected language at 229.137(d)(3) should read as follows:

(Begins on pg.5 of 9/13/99 comments): BMWE also proposes that FRA require all biological waste treatment toilet facilities to be outfitted with a "timer" which would physically prevent the utilization of the system in excess of its time-dependent capacity to fully treat the effluent. In addition, BMWE proposes to include a requirement to double the capacity of the secondary chlorinator from its current 3.8 gallon capacity to approximately 8 gallons. This would assumably provide more contact time between the effluent and the chlorine prior to discharge and help assure that use of the toilet facility over anticipated peak operations does not result in insufficient contact time and the unintended discharge of "live"organisms, including but not limited to total coliform, fecal coliform, and fecal streptococci. Thus, BMWE proposes the following language also be added to 229.137 (d) :

(3) the treatment tank shall be replaced every five years and the secondary chlorinator shall have minimum capacity of 8 gallons; (corrected 9/14/99)

(4) the pressure regulator shall be inspected daily for the collection of moisture and manually drained as necessary, and; (5) the airline lubricator shall be serviced every 15 days. The remainder of section (d) should then be renumbered accordingly.

The replacement language for 229.137(d)(3), as noted above, is intended to clarify that BMWE proposes an increase in the capacity of the "secondary chlorinator" from its current 3.8 gallons to 8 gallons. Ms. Brenda Hattery -2- September 14, 2000

Trusting this clarifies BMWE's proposal and we regret any inconvenience caused by the drafting error of 9/13/99. If you have any questions or seek further clarification, please do not hesitate to call myself or Director of Safety and Education, Rick Inclima, at 248-948-1010, ext. 626.

Sincerely,

President

Mr. W.E. LaRue
Mr. R.A. Inclima
Honorable Jolene Molitoris
Mr. Ed Wytkind, TTD