AGs want railroads to improve hazmat info for first responders

A coalition of 13 attorneys general is calling on federal regulators to adopt a federal rule that would require railroads to make available information on hazardous material loads to emergency responders.

Led by Pennsylvania Attorney General Michelle Henry, the coalition also is asking for an expansion of the Pipeline and Hazardous Materials Safety Administration's (PHMSA) proposed rule to include establishing a data depository for real-time train-consist information, a mandatory periodic testing of their first responder information notifications, and require contingency plans when communications fail.

The proposed rule, Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information, would expand communications between railroads and emergency first responders, according to a press release issued by Henry’s office.

The need for such information stems from the Feb. 3 Norfolk Southern Railway hazardous train derailment in East Palestine, Ohio. The cleanup of hazardous materials was delayed by lack of communication, according to the attorneys general.

In the incident, several rail cars caught fire and others spilled hazardous waste into a nearby stream. Firefighters arrived at the scene, but were not able to identify the types of chemicals contained in the train cars for roughly 45 minutes because they were unaware of the train’s load.

In their letter, the attorneys general say they support the new proposed rule to ensure there are no coverage gaps when it comes to the transportation of hazardous materials by railroad. The proposed rule would require:
• all railroads to share critical safety information with first responders in real-time, in electronic form, at all times, in addition to railroads continuing to keep a physical manifest of hazardous materials on the train;
• a more expansive and inclusive description of the records to be kept electronically and physically;
• railroads to provide the train-consist information to first responders along their railroad route; and
• and an emergency response notification to be sent to all first responders within a 10-mile radius that includes the train-consist information.

The attorneys general ask that the proposed rule be expanded to require railroads to:
• utilize a data repository for electronic train-consist information;
• coordinate with the appropriate state agencies to account for state-specific needs;
• periodically test their electronic communication tools and report the results on a standardized form to PHMSA; and
• develop contingency plans for when electronic “train consist information” is unavailable or not accessible.

Joining Henry in signing the letter are attorneys general from New York, Maryland, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Massachusetts, New Jersey, Oregon, Vermont and Wisconsin.

Their letter was sent to PHMSA as part of an extended comment period for PHMSA's rule proposal, published June 27 in the Federal Register.