Administration Proposes Rail Security Plan

The chemical industry is voicing support for Bush Administration proposals to tighten security procedures for transporting hazardous materials by rail through the nation's "highest threat" urban areas.

"We believe the announcement by the Department of Homeland Security (DHS) is a move in the right direction," says Jack N. Gerard, president of the American Chemistry Council, which represents major U.S. chemical manufacturers.

"DHS recognizes that the surest way to achieve transportation security is to further enhance the partnership between shippers, carriers, and the federal government," Gerard remarks. "These rules represent an important step toward formalizing the voluntary agreements already in place."

Under the plan, security protocols would be established for transferring so-called toxic inhalation hazard (TIH) materials, such as chlorine and anhydrous ammonia, between chemical shippers and freight railroad carriers.

Chemical manufacturers, which generally own or lease rail tank cars, would be required to inspect the cars before loading them. Railroads would have to limit the time unattended freight cars carrying toxic chemicals stand still, which is when they are considered most vulnerable to terrorist attack.

"A toxic emission from an attack against a chemical facility or hazardous chemicals in transit is among the most serious risks facing America's highest threat areas," DHS Secretary Michael Chertoff said in announcing the proposed rules at a Dec. 15 news conference in Arlington, Va. "We're going to take a significant percentage of that risk off the table."

Using industry data, DHS plans to create a tracking system that would allow the government to determine the location of railcars carrying TIH materials within several minutes. Railroad companies would have to appoint a security coordinator to share information with federal authorities.

DHS said its plan would affect 708 railroads and cost an estimated $165 million to implement over 10 years. The public will have 60 days to comment after the proposed measures are published in the Federal Register on Dec. 21.

Separately, the Department of Transportation has proposed a rule that would require railroads to perform a security analysis to determine the safest route for shipping hazardous cargo.

Democrats, set to take control of Capitol Hill next month, maintain that the changes are inadequate. "I am not convinced that all of the security gaps plaguing our current hazmat transit system can be filled with this proposal," says Rep. Bennie G. Thompson (D-Miss.), the incoming chairman of the House Homeland Security Committee.

Rep. Edward J. Markey (D-Mass.), a senior member of the House panel, says he plans to reintroduce legislation that would force trains to reroute hazmat shipments away from densely populated areas. "We have already seen attacks on rail systems in Madrid, London, and India," Markey says. "We simply cannot rely on half measures such as the ones that have been proposed."