RELEASE: KHANNA, DELUZIO REINTRODUCE ‘DERAIL ACT’ TO STRENGTHEN RAILROAD SAFETY STANDARDS FOR HIGH-HAZARD FLAMMABLE TRAINS

WASHINGTON, D.C. – Two years after a freight train carrying hazardous materials derailed in the town of East Palestine, Ohio, just across the state line with Pennsylvania, U.S. Representatives Chris Deluzio (PA-17) and Ro Khanna (CA-17) today reintroduced the Decreasing Emergency Railroad Accident Instances Locally (DERAIL) Act to broaden the definition by which trains are classified as a “high-hazard flammable train” (HHFT). 

The bill will ensure that trains carrying hazardous materials are properly classified and rail carriers are required to take proper safety precautions—such as slower speeds, newer rail cars, better braking equipment, and required reporting—when carrying these materials across the country. The bill also improves information sharing by requiring rail carriers to report to the National Response Center, state officials, and local officials within 24 hours after a train carrying toxic chemicals derails. 

“Communities like ours that are crisscrossed by railroad tracks have no new assurance that our freight rail system is safer today than when the Norfolk Southern train full of chemicals derailed and burst into flame two years ago,” said Congressman Chris Deluzio. “For too long, railroads have prioritized profit ahead of public safety and their workers. The DERAIL Act that I’m re-introducing with Rep. Khanna today is an important step to finally strengthen our rail regulations and improve rail safety in Western Pennsylvania, East Palestine, and across the country.” 

“As we mark the two-year anniversary of the train derailment that devastated East Palestine, Ohio and western Pennsylvania, we must remember this tragedy and its impact on working-class communities who feel invisible and abandoned by our nation. The DERAIL Act will expand our safety regulations and help prevent future tragedies. Leaders from all parties must speak out loudly for better safety regulations. I’m proud to work with Rep. Deluzio on this effort to keep communities safe,” said Congressman Ro Khanna. 

This debate is not new. For years, safety advocates have called for the definition of HHFT to be broadened to include Hazard 2 gasses. But rail industry lobbyists fought to limit the types of chemical compounds that would be covered by the regulation. Previous reporting showed how rail regulations have been weakened and rolled back over the past years and helped raise awareness in the aftermath of the East Palestine derailment. 

The derailment included eleven tank cars carrying hazardous materials that ultimately ignited, including five with vinyl chloride, a Class 2 flammable gas, and two tank cars with benzene residue, a Class 3 flammable liquid. Yet, the derailed train wasn’t classified as a HHFT, and thus, was not subject to stricter safety regulations. 

The DERAIL Act expands the definition of which trains are classified as a “high-hazard flammable train” in two key ways. First, it adds Class 2 flammable gasses to the definition and gives the Secretary of Transportation the authority to add other materials to the definition as necessary for safety. Second, DOT currently defines HHFT as a train carrying hazardous materials in at least 20 consecutive cars or 35 cars total, this bill lowers the threshold to one railcar. 

The DERAIL Act is endorsed by SMART Transportation Division (SMART TD). 

“We thank Congressman Deluzio for his strong support of our members who transport hazardous materials across the country,” said Jared Cassity, Deputy National Safety and Legislative Director of SMART-TD. “Railroad workers put their lives on the line every day, and this bill is a critical step toward enhancing their safety and peace of mind. The 2023 Norfolk Southern derailment in East Palestine was a stark reminder of the dangers rail workers and surrounding communities face, highlighting the urgent need for stricter regulations on hazardous materials transportation. While rail remains the safest mode for transporting these goods, the East Palestine incident shows that we must close safety gaps to prevent future tragedies. This legislation will help protect both our members and the communities we serve, and we thank Congressman Deluzio for his leadership in making this a priority.” 

“While it's been around two years to the date since the East Palestine catastrophe, it's important we don't forget this far-reaching disaster and do everything in our power to make sure it never happens again,” said David Masur, Executive Director of the PennEnvironment. “Given that, I applaud Reps. Deluzio and Khanna's vigilance and leadership to put forward the solutions we need to protect our communities and planet from the 'next' East Palestine catastrophe." 

Click here for the full text of the House bill.