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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 multi-governmental 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.
