New Proposed Rail Safety Rules Include Michaud & Pingree Provisions

Press Release

The Department of Transportation (DOT) announced a series of proposed rules for increased rail safety this morning, and a large number of the provisions were requested by U.S. Reps. Mike Michaud and Chellie Pingree. The proposals include phasing out the DOT-111 tank cars for shipment of certain types of flammable liquids -- including most Bakken crude oil -- within the next two years. In the wake of last year's Lac-Mégantic disaster, Michaud and Pingree had asked DOT to either mandate retrofits or altogether phase out that tank car type.

"I'm pleased that today's DOT rules reflect many of the measures I requested with the goal of ensuring we are securing hazardous materials to the fullest extent possible as they pass through communities," said Michaud. "I believe the rules proposed today are commonsense steps that will help us prevent another tragedy like Lac-Mégantic, and better position states and local communities to respond quickly when an accident does occur."

"The current standards for the tank cars are outdated and long overdue for an update. These cars are carrying a dangerous cargo and, as we tragically learned with the disaster in Quebec, they just aren't safe enough," said Pingree. "I hope that the Obama Administration sticks with these proposed new safety standards and doesn't let the railroad industry water them down before they are finalized."

In addition to phasing out the DOT-111 tank cars, other measures that Michaud and Pingree advocated for including in today's proposed rulemaking include:

Expanding route planning for hazardous materials shipments in order to better avoid populated and other sensitive areas;
Improving oil spill response plans for rail carriers;
Enhancing classification and testing of shipments to ensure that hazardous materials are properly classified;
Reducing operating speeds for hazardous and flammable shipments, particularly in populated areas; and
Codifying measures to notify State emergency responders about hazardous shipments in their communities.
Since the Lac-Mégantic tragedy, Michaud has pressed DOT to issue new rail safety regulations through hearings, meetings, and letters. He and Pingree met numerous high ranking DOT officials immediately following the accident. Michaud also secured a rail safety hearing in February, and led a House letter to DOT specifically requesting many of the provisions in today's proposed rule.

DOT's proposed rules now face a 60-day comment period prior to taking effect.

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