PolicyBrief
H.R. 854
119th CongressJan 31st 2025
Decreasing Emergency Railroad Accident Instances Locally Act
IN COMMITTEE

The DERAIL Act aims to improve railroad safety by updating the definition of "high-hazard flammable train" and mandating prompt reporting of derailments involving toxic inhalation materials to relevant authorities.

Chris Deluzio
D

Chris Deluzio

Representative

PA-17

LEGISLATION

DERAIL Act to Broaden Safety Rules for Trains Carrying Hazardous Materials: New Reporting Requirements Within 24 Hours of Incidents

The Decreasing Emergency Railroad Accident Instances Locally Act, or DERAIL Act, is stepping up safety measures for trains hauling hazardous materials. The core goal is simple: to prevent and better manage accidents involving trains carrying substances that could pose serious risks to communities and the environment.

What's Actually Changing?

The bill has two main parts. First, it updates the definition of a "high-hazard flammable train." Previously, this term was somewhat limited. Under the DERAIL Act, within 90 days of enactment, the Secretary of Transportation will broaden this definition to include any train with even one tank car loaded with Class 3 flammable liquids (like crude oil or ethanol) or Class 2 flammable gases. It also allows the Secretary to add any other materials deemed necessary for safety (SEC. 2). This means more trains will fall under stricter safety regulations.

Second, the bill mandates faster and more comprehensive reporting of accidents. If a train derailment involves materials toxic by inhalation, the railroad company must report it within 24 hours (SEC. 3). This report goes to the National Response Center, and, crucially, to state, local, and Tribal government officials in the affected area. This ensures that everyone who needs to know about a potential hazard is informed quickly.

Real-World Rollout

Imagine a small town with a rail line running through it. If a train carrying ethanol derails, the railroad now has a 24-hour window to notify not just federal authorities, but also the town's mayor, the county emergency manager, and any nearby Tribal governments. This gives local responders critical time to prepare and, if necessary, evacuate residents.

Or consider a rural area where a train carrying a newly-designated hazardous material (added by the Secretary of Transportation under the updated definition) derails. Because the train now falls under the "high-hazard" category, the railroad is subject to tighter safety rules that might have prevented the accident. And if an accident does occur, the prompt reporting requirement ensures a swift response.

The Bigger Picture

This bill directly addresses the risks associated with transporting hazardous materials by rail. It's about giving first responders and local communities the information they need, when they need it. While the increased reporting and broader definition could mean more paperwork for railroad companies, the aim is to create a safer environment for everyone. The challenge will be in how the Secretary of Transportation uses their power to designate "other materials." Too broad a definition could create logistical headaches, while too narrow a definition might miss critical safety risks. The 24-hour reporting requirement, however, is a clear step toward greater transparency and faster emergency response, potentially preventing small incidents from becoming major disasters.

Ultimately, the DERAIL Act aims to reduce the instances of dangerous railroad accidents, especially for those living in local areas near the tracks. It plans to accomplish this by updating regulations and enhancing safety protocols.