DOT Enacts Railroad Hazardous Material Notifcation System for First Responders

Portions of a Norfolk Southern freight train that derailed the night before in East Palestine, Ohio, on Feb. 4, 2023. Gene J. Puskar/AP Photo

Railroad companies must provide first responders with information about hazardous materials being transported in case of accidents, such as the one in New Palestine, Ohio, in 2023, under a new federal regulation finalized on June 24.

The U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) finalized the rule that directs the railroad company to disclose “real-time, electronic information about rail hazmat shipments to the primary Public Safety Answering Point,” which includes resources such as 911 and the AskRail app, launched in 2014, which first responders use to access information on hazardous materials being carried on rail cars.

The rule goes into effect on July 24.

“In a hazmat incident, firefighters and first responders arriving on scene need to know what kind of hazardous materials are present so they can protect themselves and their communities,” U.S. Transportation Secretary Pete Buttigieg stated in a June press release on the rule. 

“As part of the Biden-Harris Administration’s work to make our rails safer, this final rule will require railroads to maintain detailed, real-time information about trains carrying hazardous materials – and share this information with local emergency responders when they need it.”

The National Transportation Safety Board recommended the regulation as a part of The Fixing America’s Surface Transportation Act.

“Railroads must provide that information to authorized federal, state, and local first responders, emergency response officials, and law enforcement personnel along the train route who could be or are involved in the response to, or investigation of, an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials in advance of their arrival to an accident or incident,” the PHMSA’s rule states.

After an accident occurs, the railroad company must immediately notify the Public Safety Answering Point for the first responders who serve the location where the accident occurred.

As a part of the new regulation, the PHMSA said railroad companies must test their communication systems annually.

Norfolk Southern Train Derailment

The PHMSA acknowledged that had this new regulation been in place when the Norfolk Southern train derailed, it “may not have changed the outcome.” However, it will help first responders with “timely, complete, and accurate information regarding hazardous materials within a train” so that they may be better prepared for such situations.

PHMSA’s deputy administrator, Tristan Brown, said that the department listened to first responders “first-hand” who reported that what they needed after the Norfolk Southern train derailment was a list of the hazardous materials.

“This information will ensure the heroes that are responding to an incident can prepare for what they will encounter instead of waiting until after they get on scene to try to access this vital information,” Mr. Brown said in the same press release.

Rail Improvements

The announcement of the finalized rule coincided with a DOT “Factsheet on Rail Safety” listing the “historic level of infrastructure funds” for railroad safety that were part of the Bipartisan Infrastructure Law.

This included DOT awarding $570 million to 32 states to have more than 400 at-grade railroad crossings either removed or improved, the DOT said.

The DOT also awarded $3.8 billion for Consolidated Rail Infrastructure and Safety Improvement projects.

The DOT’s Federal Railroad Administration (FRA) initiated several inspection and safety assessment programs for cars transporting hazardous materials and their companies, in addition to increasing penalties for companies that fail to comply with these regulations.

“When Norfolk Southern’s East Palestine derailment occurred last February, FRA and PHMSA personnel were on the ground within hours to support the investigation and the community, and this rule, combined with several FRA rules and actions, is a clear sign that our support continues today, as does our pursuit of higher safety standards, ” FRA administrator Amit Bose said.

Precipitation Carries Toxic Emissions to 16 States

According to an environmental study published last week, precipitation carried toxic emissions to as many as 16 states after the February 2023 Norfolk Southern train derailment in East Palestine, Ohio.

The incident spread a haze of hazardous chemicals from the Midwest through the Northeast, reaching as far north as Canada and as far south as North Carolina.

The accident, which occurred on Feb. 3, 2023, involved approximately 50 train cars, including 38 that derailed, according to the study.

Eleven of the derailed cars were carrying “volatile organic compounds,” including vinyl chloride, which burned for several days, leading to reports of contaminated water and noxious odors, the study found.

“Clearly, for multiple-days, hazardous-classified chemicals were released into the atmosphere, both from spilled cargo and from the ensuing fire,” researchers said in the study. “However, much of the accident’s impact upon the surrounding population and environment requires further study, including a complete accounting of the emissions and areal impact.”

The Epoch Times has contacted Norfolk Southern for comment.