Buffalo, NY (WBEN) Senator Chuck Schumer is calling out rail companies, insisting on answers after the derailment in Ohio. Schumer has sent a letter asking companies what they will do to prevent a repeat.
In his letter to Norfolk Southern, CSX, and the other major railroads, Schumer demanded that the companies outline the steps they are taking to improve rail safety and better communicate notifications to all levels of government to ensure a preventable tragedy like Ohio's never happens again. "The horrifying train derailment in Ohio has people across Upstate New York rightfully concerned about the safety of trains coming through their communities every day. These railroad tracks often run right through residential areas as well as bustling downtown hubs full of local businesses and restaurants, and a hazardous chemical spill could be disastrous," says Schumer. "That is why I am demanding answers from major rail companies on what steps they are taking to work with locals, as well as getting them to improve their communications with local governments and first responders. We can't let this problem go off the rails any further – I am pushing to hold these railroads accountable in order to stop preventable accidents and get first responders the support they need to keep our communities safe."
Schumer says the rail companies have a responsibility if they're going to carry hazardous materials and make sure New Yorkers are kept safe. "New Yorkers should not have to live in fear that these trains running through their cities and dumping toxic, hazardous material near their family homes. might happen," adds Schumer.
Schumer says he had secured increased safety provisions like requiring freight carriers to equip high-hazard flammable unit trains carrying crude oil or hazardous materials with Electronically Controlled Pneumatic (ECP) brakes, but that rule was later repealed under the Trump administration in 2018.
This is Schumer's letter:
Dear Mr. Shaw, Mr. Hinrichs, Mr. Creel, Ms. Robinson, Ms. Farmer, Mr. Fritz, and Mr. Ottensmeyer:
In the aftermath of the East Palestine derailment, and another derailment in Springfield, Ohio this past weekend, I demand your companies work cooperatively with all levels of government to ensure a tragedy such as this never happens again.
As reported by the National Transportation Safety Board (NTSB), on February 3, 2023, 38 out of the 150 cars en route from Madison, Illinois to Conway, Pennsylvania, operated by Norfolk Southern and carrying hazardous materials, derailed. This derailment involved 11 cars carrying hazardous materials that led to a devastating fire that covered the town in smoke for two days. While the NTSB's investigation is ongoing, the agency has determined a wheel bearing was in the final stage of overheat failure before the East Palestine crash.[1] I will be closely following any updates as the NTSB continues this investigation.
We should all agree that safety is of the utmost importance, especially while transporting hazardous and toxic materials. Each and every day, thousands of trains operated by your railroads travel across the country carrying hazardous materials through countless communities. The people who live in these communities are at risk for any failures to maintain the highest safety standards. As I work with my colleagues, the administration and regulators to assess the causes and outcomes of the crash in East Palestine, Ohio, I seek prompt and thorough answers the following questions.
Local officials and emergency responders have a right to know and to be prepared for any and all disasters that may result from your transport of hazardous cargo. These communities are at the mercy of your railroad's actions, as well as any disregard for safety measures. As I work with my colleagues to assess the causes and outcomes of the crash in East Palestine, Ohio, I call on you to provide responses to the following questions within the next 30 days.
1. Describe in detail what your community outreach process looks like. How can local government officials and emergency responders in New York get the answers they need from your companies?
2. What is your current policy on notifying New York State, local government, and first responders for trains carrying hazardous materials? How often do these communications occur?
3. How will your companies ensure that all local communities along hazardous and toxic material train routes have the appropriate resources to respond to any potential hazardous materials incidents?
4. Please outline in detail how your company plans to work with local governments to respond to any potential disaster. What steps are you taking to prevent any potential disasters from occurring?
5. How many rail car inspectors has your company employed each year for the past ten years, nationwide and in New York? If there has been a decrease in the number of inspectors, why is that?
6. In light of the Norfolk Southern accident in East Palestine, how do you plan to address rail safety inspections in the future?
7. The NTSB has identified a journal bearing as the cause of the derailment and has noted that wayside detectors played a role in the accident. How are your wayside detectors calibrated to detect defects? How far apart are they placed? How often are defect detectors maintained?
8. What other defect detection methods, if any, do you employ?
9. Describe the protocols your company uses to respond to defect alerts from wayside detectors. Are there ever instances when the detectors are ignored? How many times has that happened in the last ten years?
10. Will your companies commit to having your conductors and other rail employees undergo additional safety and response training?
With railroads in the backyards of many small towns, Americans across the country are rightfully worried of a derailment tragedy happening in their community. A tragedy such as this – and one as preventable as the East Palestine derailment – should never happen again. Rail safety and disaster response must be on the forefront of your mind.
Thank you for your attention to this urgent matter.
