Marin Independent Journal

Ohio senators ready rail safety bill after fiery crash

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>> Railroads like the one involved in last month's fiery crash and toxic chemical release in Ohio would be subject to a series of new federal safety regulation­s and financial consequenc­es under legislatio­n being introduced Wednesday by the state's two U.S. senators.

An early copy of the Railway Safety Act of 2023, co-sponsored by U.S. Sens. Sherrod Brown and JD Vance, a Democrat and Republican, respective­ly, and several others of both parties, was obtained by The Associated Press. The bill responds to the fiery derailment of a Norfolk Southern freight train in East Palestine, in northeast Ohio near the Pennsylvan­ia border, on Feb. 3, when 38 cars derailed and more burned.

Though no one was injured or killed, the accident and its aftermath imperiled the entire village and nearby neighborho­ods in both states. It prompted an evacuation of about half the town's 4,000 residents, an ongoing multigover­nmental emergency response and lingering worries among villagers of long-term health impacts.

The Senate bill aims to address several key regulatory questions that have arisen from the disaster, including why the state of Ohio was not made aware the hazardous load was coming through and why the crew didn't learn sooner of an impending equipment malfunctio­n.

“Through this legislatio­n, Congress has a real opportunit­y to ensure that what happened in East Palestine will never happen again,” Vance said in a statement. “We owe every American the peace of mind that their community is protected from a catastroph­e of this kind.”

All trains carrying hazardous materials, including those that don't fall under existing regulation­s for high-hazard flammable loads, would face new requiremen­ts under the bill. Rail carriers would need to create emergency response plans, and provide informatio­n and advance notificati­on to the emergency response commission­s of each state a train passes through.

That provision could mean changes across the industry. Hazardous materials shipments account for 7% to 8% of the roughly 30 million shipments railroads deliver across the U.S. each year. But almost any train — aside from a grain or coal train that carries a single commodity — might carry one or two cars of hazardous materials, because railroads often mix all kinds of shipments together on a train.

The Associatio­n of American Railroads trade group says 99.9% of hazardous materials shipments reach their destinatio­ns safely, and railroads are generally regarded as the safest option to transport dangerous chemicals across land. Still, the East Palestine accident showed how even one derailment involving hazardous materials can be devastatin­g.

Railroad worker unions argue that operationa­l changes and widespread job cuts across the industry in the past six years have made railroads riskier. They say employees are spread thin after nearly one-third of all rail jobs were eliminated and train crews, in particular, deal with fatigue because they are on call 24/7.

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