The bill—introduced by senators J.D. Vance (R-Ohio), Sherrod Brown (D-Ohio), John Fetterman (D-Penn.), Bob Casey (D-Penn.), Marco Rubio (R-Fla.), and Josh Hawley (R-Mo.)—implements new requirements for trains carrying hazardous materials, including two-person crews, enhanced inspection protocols, emergency response plans, train size and weight regulations, and provision of advanced notice to emergency response officials when trains carrying hazardous substances are traveling through their area.
But the bill leaves the specifics of many of its regulations up to the Transportation Department—a fact that the conservatives argued gives the department too much power.
“Any train with just one car carrying hazardous material would then be considered a ‘hazmat train,’ empowering the USDOT to regulate nearly every aspect of train operations thereafter,” they wrote. “Trains are typically mixed cargo, so such a provision would capture nearly all freight rail traffic.”
The conservatives also maintained that the two-person crew requirement was moot—given that the train that derailed in East Palestine had three operatives—and that the enforcement of minimum inspection times put too much focus on the length of the inspection and not enough on quality.
“Lawmakers would be better served focusing on recovery for the people of East Palestine, including by ensuring railroad Norfolk Southern makes good on their commitments, while also waiting for more details from the National Transportation Safety Board (NTSB) to inform any potential future policies,” the advocacy groups contended.
Absent a final report, however, some Republicans have been hesitant to back new regulations on the rail industry.
In closing their letter, the conservative groups assured lawmakers to consider that U.S. railroads are “safe overall” and that the unintended consequences of the Railway Safety Act could be detrimental to the industry.
“Rail companies would be forced to divert resources away from critical research and development, which could have otherwise been used to advance new technologies and improve efficiency,” the wrote. “Rather than advance this misguided bill, Congress should instead focus on the facts to best protect businesses, consumers, and taxpayers.”
While some Republicans have withheld their support for the bill, it has garnered the support of prominent Democrats, including Senate Majority Leader Chuck Schumer (D-N.Y.) and President Joe Biden.
Vance, at a Mar. 9th hearing of the Senate Committee on Environment and Public Works, tried to rally Republican support for the measure by urging his GOP colleagues to live up to their claims of being the “party of working people.”
“We are faced with a choice with this legislation and how we respond to this crisis,” he said. “Do we do the bidding of a massive industry that is in bed with big government, or do we do the bidding of the people who elected us to the Senate and to the Congress in the first place?
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