Extremely Hazardous Materials Transportation Security Act of 2004
EXTREMELY HAZARDOUS MATERIALS TRANSPORTATION SECURITY ACT OF 2004 -- (Extensions of Remarks - July 14, 2004)
Mr. MARKEY. Mr. Speaker, today I am introducing the "Extremely Hazardous Materials Transportation Security Act of 2004", a bill to improve safety within our system of transporting dangerous chemicals by rail, truck or other vehicle as part of daily commerce in the United States. The bill is cosponsored by Reps. MCCARTHY of Missouri, Rep. GRIJALVA of Arizona, Rep. CASE of Hawaii, Rep. OWENS of New York, Rep. LEE of California, Rep. TIERNEY of Massachusetts, and Reps. JACKSON-LEE and GONZALEZ of Texas.
The terrorist attacks of September 11, 2001, have led to significant changes in the level of attention paid to safety and to anti-terrorist measures in this country. Nevertheless, every day tank cars pass through our urban centers that carry enough chlorine to kill 100,000 people in half an hour. Although some of these shipments must travel the routes they are currently using, others could easily be safely re-routed.
We already know that these shipments are attractive terrorist targets. An Ohio-based Al Qaeda operative has already been arrested and pled guilty for plotting to collapse a bridge in New York City or derail a train in DC. And in April, just north of downtown Boston, a railroad tank car carrying 20,000 gallons of hydrochloric acid started to leak close to the Sullivan rapid transit station and just yards away from I-93, causing major chaos to the morning commute. Had that incident been a successful terrorist attack rather than an accident that harmed no one, many lives could have been lost.
The bill we are introducing today would require additional security measures for all shipments of extremely hazardous materials, and also calls for the re-routing of extremely hazardous materials shipments going through areas of concern if there is a safer route available, and if the shipment's origination or destination is not located within the area of concern.
Specifically, it would require:
physical security measures surrounding shipments of EHM such as extra security guards and surveillance technologies
pre-notification of EHM shipments for law enforcement authorities
coordination between Federal, State and local authorities to create a response plan for a terrorist attack on an EHM shipment
the use of currently available technologies to ensure effective and immediate communication between shippers of EHM, law enforcement authorities and first responders
re-routing of shipments of EHM that currently travel through areas of concern (as defined by the Secretary) only if there is a safer route available, and only if the shipment's origination or destination is not located within the area of concern
training for employees who work with EHM shipments
whistleblower protections for those disclosing violations of security rules or regulations
civil and administrative penalties for those who fail to comply with the regulations
I am attaching a letter of support for this bill from Chief Carter of the Massachusetts Bay Transportation Authority (MBTA) Police. While this letter addresses a particular hydrochloric acid spill that occurred April 14 in the Boston area, it is indicative of the difficulty and danger that extremely hazardous chemical shipments can pose to our first responder community wherever they live and work. It has also been endorsed by Greenpeace, Clean Water Action, Friends of the Earth, National Environmental Trust, the Public Interest Research Group, and 14 chemical companies.
I urge my colleagues to join me in seeking to upgrade our defenses in this area so that none of our constituents are ever exposed to a catastrophic chemical release simply because we failed to take these simple steps.