(The Associated Press circulated the following story by Catherine Tsai on April 16.)
DENVER — Railroads will be required to haul the most hazardous materials on their most secure routes under a new Transportation Department rule announced Wednesday aimed at reducing risks of derailments and terrorist attacks.
The rule limits transport of materials like chlorine that fall in the “poison inhalation hazard” category to routes determined to be the most secure and safest. It also requires rail carriers to annually assess risks on their routes.
The Federal Railroad Administration estimated carriers will spend $20 million over 20 years to comply with the requirements.
But at least one environmental group was critical of the rule, saying it was not clear if the requirements were enough to protect residents along the routes.
The rule, announced by Transportation Secretary Mary Peters during a visit to Pueblo about 100 miles south of Denver, is effective June 1 but contains several steps.
The first step will require railroads to collect six months of data to assess routes beginning July 1. In addition to chlorine, which is used to purify water, another material in the category is anhydrous ammonia, used as fertilizer.
The new rule lists 27 factors carriers should consider in risk assessments such as population densities along routes, trip lengths, track types and maintenance schedules, and past accidents.
Security plans must include plans to limit access to materials during storage or delays during shipping and to minimize how long material is stored during the trip.
The assessment must be complete by Sept. 1, 2009. Violators could be fined up to $10,000 a day and be ordered to reroute trains.
The rule also will require rail cars to be inspected before trips for signs of tampering to seals or closures, or for bombs.
The department is classifying the rule as interim to allow more public comment.
Critics such as the environmental group Friends of the Earth said the rule gives too much leeway to railroads and could pre-empt attempts by major cities to restrict transport of hazardous materials within their limits.
FRA Administrator Joseph Boardman bristled at the suggestion and noted the rule will require railroads to work with local officials.
“I call the critics nonsensical if they think this isn’t a strong step,” he told reporters.
He said he didn’t know how many routes would be moved away from major cities but that the rule could lead to other changes such as track improvements.
The American Association of Railroads was reviewing the rule and its potential impact, spokesman Tom White said.
“From our standpoint, safety and security is our No. 1 objective. But you have to look at a more fundamental question: Why are railroads being required to carry these very dangerous substances in the first place,” he said.
For instance, other fertilizers exist besides anhydrous ammonia, he said.
“The only way you’re ever going to eliminate all of the risk of transporting them is if you don’t transport them at all,” White said.
According to government data released this year, the number of railroad incident reports involving hazardous materials last year was 43, up from 28 in 2006.