HR 1238 Introduced
DERAIL Act
Last month, Rep Deluzio (D,PA) introduced HR 1238, the Decreasing Emergency Railroad Accident Instances Locally (DERAIL) Act. The bill would require DOT to change the definition of ‘high-hazard flammable train’ (HHFT) and to require reporting derailments of involving toxic inhalation hazard (TIH) rail cars. No funding is provided in the bill.
HHFT Definition
Section 2 of the bill would require DOT to revise 49 CFR 171.8 to change the definition of HHFT. That term is currently defined as (pg 126):
“High-hazard flammable train (HHFT) means a single train transporting 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block or a single train carrying 35 or more loaded tank cars of a Class 3 flammable liquid throughout the train consist.”
The bill would require DOT, within 90-days of the enactment of this legislation, to change the definition to “mean a single train transporting 1 or more loaded tank cars of a Class 3 flammable liquid or a Class 2 flammable gas and other materials the Secretary determines necessary for safety.” Since this would be a congressionally directed change to the regulation, DOT would not be required to go through the publish and comment process to make this change. Thus, the 90-day time limit is not unreasonable.
The HHFT definition is important because it triggers a number of regulatory requirements, including:
This definition change would cause additional problems for public notification of routes for such trains as 49 CFR 172.820 makes route selection information protected under the Sensitive Security Information (SSI) under 49 CFR 15 and 49 CFR 1520.
TIH Reporting
Section 3 of the bill would amend 49 USC Chapter 209, Accidents and Incidents, by adding a new §20904. That proposed section is very short:
“Not later than 24 hours after any train derailment involving a train carrying material toxic by inhalation, the railroad carrier involved in such derailment shall report to the National Response Center, State officials, local officials, and Tribal governments all material toxic by inhalation on such train.”
Under this language, a TIH chemical release nor even an actual derailment of a TIH railcar would not be necessary for a report to the NRC to be required.
Moving Forward
Deluzio is not a member of the House Transportation and Infrastructure Committee to which this bill was assigned for consideration, but seven of his 27 cosponsors {Rep Garamendi (D,CA), Rep Ryan (D,NY), Rep Titus (D,NV), Rep DeSaulnier (D,CA), Rep Hoyle (D,OR), Rep Holmes-Norton (D,DC)} are members, so this bill could have enough influence to see it considered in Committee. I do, however, suspect that there would be near unanimous Republican objections to this bill because of the additional burdens it would place on railroads and shippers, so there is little chance that the bill would be favorably considered. Similar opposition would ensure that it would not make it to the floor of the House for consideration.
Commentary
While the wording of this bill is relatively simple on its face, this is a prime example of simple words hiding a complex result. Part of that result in this case is intended, the notification requirements (even though protected by the SSI classification) for HHFT have long been a desire for local communities for all trains carrying hazardous materials. I have never understood this desire, since most communities do not have the funds or resources to plan, staff and equip in advance for an incident like that seen last month in Ohio.