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By Amanda Hampton, Associate,
Nessle & Blakey
Although the year started with Congress focusing on upcoming reauthorizations and Bipartisan Infrastructure Law (BIL) implementation, the Norfolk Southern train derailment in East Palestine, Ohio, has quickly stolen the spotlight. In the weeks following the derailment, Congress has become increasingly interested in addressing the incident and reviewing how federal agencies continue to respond.
Approximately two and a half weeks after the derailment, the U.S. Department of Transportation (USDOT) issued a press release calling for immediate action to improve freight rail safety. Specifically, USDOT called upon Norfolk Southern and the other Class I railroads to provide workers with paid sick leave; require tank car owners to expedite the phase-in of safer tank cars before the congressionally mandated deadline in 2029; deploy new inspection technologies while maintaining human oversight; provide proactive advance notification to state emergency response teams when transporting hazardous gas tank cars through their states; and join the Federal Railroad Administration’s (FRA) Confidential Close Call Reporting Program, which allows railroads and their employees to report unsafe conditions without fear of penalties from the FRA or reprisal from their employers. Currently, no Class I carriers participate in the Confidential Close Call Reporting Program.
USDOT also made several asks of Congress to help the department improve rail safety, including: increasing the maximum fines USDOT may issue to rail companies for violating safety regulations given that the current maximum penalty is $225,455; strengthening rules on high-hazardous shipments; modernizing braking regulations and increasing the use of electronically controlled pneumatic brakes; expediting the phase-in of safer tank cars to carry hazardous materials; and providing additional funding for first responders to receive expanded hazardous materials training. Ranking Member of the House Committee on Transportation and Infrastructure Rick Larsen (D-WA) praised USDOT’s response and said he looks forward to supporting the department’s congressional asks.
Over the past few weeks, USDOT Secretary Buttigieg has received numerous letters from Members of Congress, one of which was written by Senators JD Vance (R-OH) and Marco Rubio (R-FL). In their letter, the Senators inquired about the impact of Precision Scheduled Railroading (PSR) on rail safety and whether FRA’s notice of proposed rulemaking to establish a minimum crew size
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requirement of two crewmembers for most rail operations is sufficient. On February 24, Republicans on the House Committee on Oversight and Accountability sent a letter to Secretary Buttigieg announcing plans to investigate USDOT’s response to the train derailment and requested that the department share any related documents and communications with the committee.
While some lawmakers are turning to USDOT, others have begun questioning the Environmental Protection Agency’s (EPA) response. A joint letter was sent by Transportation and Infrastructure Committee Chair Sam Graves (R-MO) and the Chair of the Subcommittee on Railroads, Pipelines, and Hazardous Materials Tory Nehls (R-TX) to EPA Administrator Michael Regan requesting information on the agency’s decision-making process following the derailment. Reps. Graves and Nehls requested documents and communications describing EPA’s role in responding to the derailment, the steps implemented to ensure safety in the affected communities, how environmental quality is being monitored, the legal authority used by EPA to respond, and any communication with FEMA about declaring a disaster.
As for what is next for these lawmakers raising alarm bells over the administration’s response, the various committees with a stake in the incident have begun announcing hearings. Chair of the House Energy and Commerce Committee’s Subcommittee on Environment, Manufacturing, and Critical Materials Bill Johnson (R-OH) – whose congressional district includes East Palestine – scheduled a hearing for March 28, 2023, to discuss EPA’s response to the incident. Additionally, the Senate Committee on the Environment and Public Works announced it would hold a hearing in early March to examine local, state, and federal responses to the train derailment and ongoing efforts to address the incident’s public health and environmental impacts.
Nessle & Blakey, Ltd. is a public affairs and
communications consulting firm based in
Washington, DC.
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