Economy

TRANSPORTATION

States hold little power on railroads. They’re still trying to tighten rules.

At least 15 states have introduced rail safety bills this year that tackle crew sizes, train lengths, inspections and the use of trackside safety detectors

By Luz Lazo and Ian Duncan
March 3, 2023 at 6:00 a.m. EST

In the month after a train derailment unleashed toxic chemicals in northeastern Ohio, state legislators across the country have been looking to tighten rules for railroads while pressuring federal regulators responsible for oversight of the industry to take more action. ... Fueled by the images of black plumes of burning vinyl chloride in East Palestine, the efforts in state capitals are putting a new focus on rail safety, even as states hold limited power over the nation’s railways. ... At least 15 states have introduced rail-safety bills this year to target issues such as onboard crew sizes, train length and the use of trackside safety detectors that are key in the Ohio investigation. Most of the proposals were introduced before the Feb. 3 derailment — often coinciding with state legislatures convening in January — but have gained momentum in its aftermath.

Most regulations for railroads exist at the federal level, but safety concerns have increasingly prompted states to establish their own rules where no federal regulation exists. Lawmakers say they hope the bipartisan efforts moving through statehouses will build pressure on Washington to take more action. ... In Ohio, the state House passed sweeping legislation Wednesday aimed at reducing railroad incidents, forging ahead on rail safety for the first time in at least a decade. {snip} Railroads are critical to interstate commerce and are subject to federal regulation, meaning state legislation can have relatively little practical effect other than to exert federal pressure. State lawmakers have still faced resistance from railroad executives, who argue they have no role in regulating the industry.

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A proliferation of local rules has sparked safety concerns in the past. In the 1990s, federal rail regulators examined some 2,000 local bans on train horns and concluded they were contributing to crashes at grade crossings. Congress directed the federal government to set a national rule that overrode the local bans, requiring trains to sound their horns as they approached. The rule also recognized the interest of communities in minimizing noise, creating a process for “quiet zones” if crossings had other safety measures in place. ... Some state officials, however, say federal law grants them the right to adopt or enforce a law or regulation pertaining to rail safety or security until the federal government steps in.

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In East Palestine, investigators with the National Transportation Safety Board have indicated the train passed three detectors along about 30 miles, with the third triggering an emergency temperature threshold. The FRA this week recommended railroads improve their use of the detectors. In Ohio, the House voted to direct two state agencies to work with railroads to improve how system warnings are communicated.

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By Luz Lazo
Luz Lazo is a transportation reporter at The Washington Post covering passenger and freight transportation, buses, taxis and ride-sharing services. She also writes about traffic, road infrastructure and air travel in the Washington region and beyond. She joined The Post in 2011. Twitter https://twitter.com/luzcita

By Ian Duncan
Ian Duncan is a reporter covering federal transportation agencies and the politics of transportation. He previously worked at the Baltimore Sun for seven years, covering city hall, the military and criminal justice. He was part of the Sun's team covering Freddie Gray's death in 2015 and then-Mayor Catherine Pugh's Healthy Holly books scandal. Twitter https://twitter.com/iduncan