The enactment of HB 1238 will fundamentally change how the transportation of flammable and toxic materials is handled. This includes mandating that within 90 days of the bill's enactment, regulations be issued to ensure rigorous definitions and safety conditions for high-hazard flammable trains. Additionally, the bill will require railroad carriers to report any accidents involving materials toxic by inhalation within a 24-hour window, promoting a swift response mechanism for lethal materials that pose risks to public health and safety.
Summary
House Bill 1238, known as the Decreasing Emergency Railroad Accident Instances Locally Act or the DERAIL Act, seeks to enhance rail safety by directing the Secretary of Transportation to revise specific regulations. A primary focus of the bill is to redefine what constitutes a 'high-hazard flammable train,' thereby imposing stricter safety requirements on trains carrying potentially dangerous materials. By modifying the parameters that identify such trains, the bill aims to better regulate their transport and minimize risks associated with hazardous materials on railroads.
Contention
Despite the bill's potential for enhancing public safety, there may be points of contention regarding the implementation of these regulations. Some stakeholders might argue that the requirements could impose additional compliance burdens on railroad companies, potentially leading to increased operational costs. Moreover, there could be discussions about the adequacy of the definitions and regulations to be established, with concerns that they may not sufficiently protect local communities from accidents involving hazardous materials.
Decreasing Emergency Railroad Accident Instances Locally Act or the DERAIL ActThis bill requires the Department of Transportation (DOT) to expand the definition of a high-hazard flammable train (HHFT), thereby subjecting more trains to additional safety requirements.Specifically, DOT must expand the definition of HHFT to mean a train transporting one or more loaded tank cars of a Class 3 flammable liquid (e.g., benzene residue) or a Class 2 flammable gas (e.g., vinyl chloride) and other materials DOT determines necessary for safety. Current regulations define HHFT as a train transporting 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block or 35 or more loaded tank cars of a Class 3 flammable liquid dispersed throughout the train.The bill also requires railway carriers to report a train derailment that involves a train carrying material toxic by inhalation within 24 hours of the derailment to the National Response Center (NRC), state and local officials, and tribal governments. As background, the NRC is a part of the federally established National Response System. Reports to the NRC activate the National Oil and Hazardous Substances Pollution Contingency Plan and the federal government's response capabilities.