Lawmakers must help first responders by passing legislation addressing train transport of hazardous materials
On Feb. 3, 2023, a Norfolk Southern train derailed in East Palestine, Ohio, less than a quarter-mile from the Pennsylvania border, prompting the intentional release and burning of toxic vinyl chloride and the evacuation of more than a thousand residents.
In the aftermath of the derailment, state and federal lawmakers called for greater transparency from train companies, as testimony on Capitol Hill showed first responders were not immediately able to access information about the chemicals in the overturned rail cars, LancasterOnline reported last week. But a year later, proposed legislative changes have yet to work their way into law, leaving first responders at the mercy of private train companies to provide the information they need to safely perform their duties.
”It’s frustrating, but unfortunately you get used to it.” That’s what Duane Hagelgans, emergency management coordinator for Millersville Borough and Manor Township and a professor of emergency management at Millersville University, said of the lack of transparency over the materials being conveyed by trains traveling through our region.
First responders shouldn’t have to “get used to it.”
Politicians like to talk about the sacrifices and bravery of first responders. But in this instance, when elected officials could do something substantive to keep first responders safe, they’ve shamefully dragged their heels.
Danger is literally barreling down the tracks, but it’s hard to detect any urgency about prioritizing human safety.
Thousands of miles of active rail lines weave through Pennsylvania carrying rail cars that at any point could be filled with hazardous material.
{p class=”krtText”}A derailment in any county like the one that occurred in East Palestine could devastate a local community. And if it happened on a track over or even near rivers like the Susquehanna and Allegheny, the downstream effects could be long-ranging and difficult to remedy.
East Palestine residents told ABC News earlier this month that some community members, having been forced to vacate their homes, still are displaced. And some continue to experience health issues in the derailment’s wake. Research is ongoing into the long-term consequences of exposure to the toxins in the industrial chemicals the Norfolk Southern train was transporting.
Local emergency responders in Pennsylvania reported that nothing has changed in terms of how they would respond to derailments and the information — or lack thereof — available to guide their response.
Trains carrying hazardous material often have dozens of cars, including tankers, with different toxic chemicals in different cars. Because of the size of some trains, more than one municipality may have to deal with a train derailment. And emergency responders may be unable to access real-time information about any toxic materials that are being released into the air, soil and water.
As we noted in an editorial last July, it’s difficult to coordinate a response when you don’t know exactly what you’re dealing with. And not having the ability to effectively respond is a hazard of its own.
Hagelgans said he has seen no additional training, transparency or outreach to local responders from private train companies.
This is inexcusable.
Norfolk Southern — which owns rail lines across Pennsylvania — did bring the company’s “safety train” to the state in July for training days for first responders.
The specially outfitted train, which includes classroom rail cars and different types of tanker cars, is meant to familiarize first responders with the types of rail cars and equipment they might encounter in an emergency.
But as Hagelgans rightly pointed out, “You can’t just have one training like that and expect people to show up and be trained.”
This training was the least Norfolk Southern could do.
Doing the bare minimum seems to be part of a pattern: We reported that prior to July 2023, the safety train was last in Harrisburg in 2021. And the hands-on training has not been offered in Lancaster County since at least 2017.
The seriousness of the East Palestine derailment should have led to quick legislative action in Harrisburg and Washington, D.C.
Alas, it did not. Proposed legislation that would create databases of hazardous materials and require increased transparency on the part of train companies has stalled in Congress and the state Legislature.
Pennsylvania House Bill 1028 proposes creating a database of hazardous material traveling on state railways, and that information would be available to emergency management agencies.
The bill passed easily in the state House in early June. But it’s been languishing in the Republican-controlled state Senate Consumer Protection and Professional Licensure Committee since then.
State Sen. Ryan Aument, a West Hempfield Township Republican who not only sits on the relevant committee but is the Senate majority whip, did not immediately respond to LancasterOnline’s request for comment about the bill’s status. We implore Aument to use his influence to get the bill out of committee.
In Congress, Pennsylvania U.S. Sens. Bob Casey and John Fetterman joined Ohio Sen. Sherrod Brown and Missouri Sen. Josh Hawley in introducing a pair of bills last March that were combined into the Railway Safety Act.
That legislation would direct federal transportation officials to develop regulations requiring railroads to notify local emergency response groups, fire departments and law enforcement agencies when hazardous materials are moving through their communities. It also would establish a fund, paid for by the companies that ship and convey hazardous materials, to provide emergency responders with needed resources.
Most major railroads also would be required to operate with crews of at least two people, and fines for rail safety infractions would increase. This all seems sensible and necessary.
The Railway Safety Act advanced out of committee, but awaits a full U.S. Senate vote. Casey and Fetterman should remind Democratic Senate Majority Leader Chuck Schumer of what’s at stake.
Lawmakers at both the state and federal level need to take action before a catastrophe occurs. And we’d suggest that they forgo any photo ops with first responders until they do.
— LancasterOnline via TNS
