(The following story by Spencer S. Hsu appeared on the Washington Post website on January 24.)
WASHINGTON, D.C. — An anti-terrorism proposal before the District would ban shipments of most dangerous classes of hazardous materials by road or rail through the nation’s capital.
The measure has set off a vigorous lobbying battle between the nation’s railroads, particularly CSX Transportation, and a coalition of environmental organizations and citizens who have persuaded several local lawmakers to endorse the prohibition.
If enacted, the ban would make Washington the first city in the country to block hazardous materials en route to other destinations from crossing its borders. But federal regulators and railroad and chemical trade groups say a ban is preempted by federal interstate commerce law. If allowed, they argue, such efforts would trigger a rush by other cities and states to shift the risk elsewhere, disrupting the economy more than an act of terrorism.
“If you ban shipments here, shipments are going to have to go through someone else’s back yard. The risk will go through someone else’s community,” said George Gavalla, associate administrator of the Federal Railroad Administration. Only three people have been killed by a chemical release caused by a train accident in the United States since 1990, he said, and studies show rail to be among the safest modes of transportation.
The bill would ban certain explosives, toxic chemicals and poisons from being shipped through the city when practical alternative routes exist. It is being sponsored by D.C. Council members Carol Schwartz (R-At Large), Kathy Patterson (D-Ward 3) and David A. Catania (R-At Large), who say their aim is to bring federal officials and industry representatives to discuss the issue.
At a hearing yesterday, council members noted that CSX at times suspends hazardous shipments through Washington in consultation with the Department of Homeland Security, such as during this week’s State of the Union address.
“There are people who live and work in D.C. every day. There is not going to be a risk only when a collection of people who are not residents gather at the U.S. Capitol, is there?” Schwartz said. “You have to recognize our concern. We’re not just one little community in the U.S. We’re the nation’s capital. We were targeted along with New York City.”
The debate highlights the unease among local officials at federal efforts to secure 1.5 billion tons of dangerous cargo a year.
In the nation’s capital, one of seven “high-threat” cities, local leaders complain that warnings from the Bush administration about the vulnerability of truck and train shipments are not matched with appropriate action.
Washington is a transit point for about 4,000 rail car shipments per year of hazardous freight, Gavalla said. Cargo rolls along a rail line owned by CSX Transportation of Jacksonville, Fla., that crosses the Potomac River at the 14th Street bridge, runs south of the Mall and turns northeast. At their closest point, the rails come within four blocks of the U.S. Capitol.
Worst-case industry scenarios prepared to comply with federal environmental laws estimate that a catastrophic rupture of a 90-ton tanker car of liquid chlorine would create a plume of toxic gas that would kill or injure people up to 14 miles away — a radius that encompasses 2.4 million people in the D.C. area — depending on weather conditions. A new city Department of Transportation threat assessment recommends that all such shipments be prohibited.
Spokesmen for CSX, the Association of American Railroads and the American Chemistry Council say the industry is working closely with government to add security safeguards, many of them classified. Railroads have added guards, increased surveillance, set up 24-hour links with federal law enforcement and intelligence agencies, studied vulnerabilities and strengthened rail cars.
Bob Sullivan, spokesman for CSX, acknowledged the threat but objected to local bans. “Transportation works as a network, as a system,” he said. “It’s an issue that needs to be looked at at a national level.”
Federal agencies have acknowledged a threat to chemical transports. Authorities halted hazardous rail traffic for days after the Sept. 11, 2001, attacks. Since then, the government has found American chemical trade publications in al Qaeda caves in Afghanistan and arrested a man who was accused of helping al Qaeda by seeking out sites for possible train derailments along the East Coast. From time to time after the attacks, federal law enforcement and intelligence agencies issued warnings about securing trucks and tanker cars.
“The threat is not theoretical,” said Rick Hind, legislative director of Greenpeace USA, which opposes widespread use of hazardous chemicals. “We believe the solution is rerouting. It’s simple. It’s not very costly.”
Hind said federal agencies have not addressed the issue and blamed the Bush administration’s close ties to industry. He noted that the role of former CSX chairman John W. Snow is now treasury secretary.
Brian Doyle, spokesman for the Transportation Security Administration, said the agency works every day to take appropriate precautions. “Security is first and foremost. We also look to work with industry.”