Second life for bills more broadly defining hazmat trains

Two rail-related hazardous materials safety bills have been reintroduced in Congress stemming from the East Palestine, Ohio, derailment of 2023.

The legislation by Rep. Chris Deluzio, D-Pa., broadens the definition of a “high-hazard flammable train” and sets reporting requirements for railroads for derailments involving hazardous materials. It would also require railroads to reimburse first responders for costs resulting from derailments.

Deluzio, Rep. Ro Khanna, D-Calif., and 14 other Democrats are co-sponsoring the Decreasing Emergency Railroad Accident Instances Locally (DERAIL) Act. It would define high-hazard trains to include a train with one or more loaded tank cars carrying a Class 3 flammable liquid such as gasoline or ethanol, or one with one or more cars of a Class 2 flammable gas, such as compressed hydrogen, ethylene or butylene.

The bill would also require a railroad to report, within 24 hours, any derailment involving a train “carrying material toxic by inhalation” to the National Response Center, as well as state and local officials.

“The DERAIL Act that I’m re-introducing with Rep. Khanna is an important step to finally strengthen our rail regulations and improve rail safety in western Pennsylvania, East Palestine, and across the country,” said Deluzio in a release.

Khanna in a separate release said the bill “will expand our safety regulations and help prevent future tragedies. Leaders from all parties must speak out loudly for better safety regulations.”

A version of the bill introduced in February 2023 died in committee.

Deluzio and Rep. Brian Fitzpatrick, R-Pa., are sponsors of the Assistance for Local Heroes During Train Crises Act, which would create a new Hazardous Train Event Emergency Reimbursement Fund. It would require railroads and shippers to contribute no less than $10 million annually to the fund through fees determined by the secretary of transportation. Emergency response entities would receive reimbursements of $250,000 to $3 million following response to a hazardous-materials rail emergency to replace equipment, cover overtime pay or address other expenses from such an emergency.

“It is time to make the railroads pay for the messes they cause in our communities,” Deluzio said in a release. “This bill will help communities across the country better prepare for future derailments with improved information-sharing and will cover the cost of damaged equipment, overtime pay, and more — all paid for by the companies that ship and carry these materials.” Fitzgerald said the bill will “ensure real accountability and give first responders the support they deserve. When crisis strikes, first responders step up — we must do the same for them.”

The earlier version of the bill, introduced in April 2023, failed to advance beyond the House Subcommittee on Railroads, Pipelines, and Hazardous Materials.

Find more articles by Stuart Chirls here.

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