‘Doing Everything in Our Power to Improve Rail Safety’: Buttigieg Calls on Congress to Boost Safety Measures

Secretary of the Department of Transportation Pete Buttigieg delivers remarks on new transportation initiatives at an event in Washington, on Mar. 7, 2022. (Anna Moneymaker/Getty Images)

Transportation Secretary Pete Buttigieg called on the rail industry and Congress to boost safety in the sector as the department proposed new regulations following the aftermath of the disastrous train derailment in Ohio earlier this month.

“Profit and expediency must never outweigh the safety of the American people,” Buttigieg said, according to a Feb. 21st press release by the U.S. Department of Transportation (USDOT). “We at USDOT are doing everything in our power to improve rail safety, and we insist that the rail industry do the same—while inviting Congress to work with us to raise the bar.”

On Feb. 3, a 50-railcar Norfolk Southern freight train derailed in East Palestine, Ohio. Some cars were carrying hazardous materials, including vinyl chloride, which is known to be highly flammable.

The toxin was released into the air from five of the cars before the chemical was purposefully ignited to get rid of it in a controlled fashion. Residents in the region were evacuated due to health risks.

In a Feb. 18th letter to the Environmental Protection Agency (EPA), senators J.D. Vance (R-Ohio) and Sherrod Brown (D-Ohio) had raised concerns that burning vinyl chloride “may have resulted in the formation of dioxins,” a group of chemical compounds that only break down slowly once released into the environment.

Some residents in East Palestine had reported negative health effects like vomiting, headaches, rashes, and so on. An EPA test near the site of derailment found “no exceedances for residential air quality standards,” as of Feb. 19.

In the release on Feb. 21, the Transportation Department asked Congress to raise the maximum fines the department can impose on rail companies violating safety regulations from the current $225,455, which it called a “rounding error” for such businesses.

The USDOT also called for bipartisan support to strengthen rules governing the transportation of high-hazard items and modernize braking regulations, including the use of electronically controlled pneumatic brakes. More funding is necessary to expand hazardous training for first responders, the department argued.

Proposed Regulations

The USDOT has proposed new regulations to “further enhance” freight rail safety. It suggested advancing the train crew staffing rule, which will mandate that a minimum of two crew members be present for most railroad operations.

“This rule is intended to keep workers and communities safe. Research indicates that an increase in physical tasks and cognitive demands for a one-person crew could potentially lead to task overload or a loss of situational awareness that could cause an accident,” the department said.

The Transportation Department intends to fund projects aimed at modernizing rail tracks, rail safety, and eliminating at-grade rail crossings. It also wants to initiate a “focused safety inspection program” on routes through which high volumes of hazardous materials are being transported.

It initiated a “focused inspection program” of legacy tank cars, shippers, and railroads who have yet to upgrade to safer tank cars.

Investigating the Accident, Questioning USDOT

In a Feb. 19th letter written to Alan Shaw, CEO of Norfolk Southern, Buttigieg stated that the National Transportation Safety Board (NTSB) is investigating the cause of the derailment and that the USDOT’s Federal Railroad Administration (FRA) is conducting its own analysis into whether any safety violations had taken place.

“The FRA will act with all of its legal authorities to hold Norfolk Southern responsible for any safety violations found to have contributed to this derailment.”

The EPA has contacted Norfolk Southern, asking the company to document the release of hazardous materials as well as outline the cleanup efforts it has implemented.

Meanwhile, seators Marco Rubio (R-Fla.) and J.D. Vance (R-Ohio) wrote a letter to Buttigieg on Feb. 15, seeking answers regarding the USDOT’s oversight of the U.S. freight train system, including how it balances building “a safe, resilient rail industry across our country in relation to building a hyper-efficient one with minimal direct human input.”

“Derailments have reportedly increased in recent years, as has the rate of total accidents or safety-related incidents per track mile. The trade-off for Class I rail companies, of course, has been reduced labor costs, having shed nearly one-third of their workforce.”

The letter asked Buttigieg to respond to certain questions within 30 days concerning the USDOT’s position on safety-related matters.

Buttigieg has faced criticism for his delay in addressing the derailment accident in Ohio. He also attempted to blame former president Donald Trump as the USDOT under his administration had nixed a regulation from the Obama-era on advanced train brake systems.

“This is the state of the Biden administration: Blame Trump for something that happened exclusively under their watch,” Dan K. Eberhart, CEO of drilling services firm Canary, stated in a tweet on Feb. 16. “Pete Buttigieg is a complete embarrassment and would have been fired months ago if he performed this poorly in the private sector.”