The Pennsylvania Public Utility Commission took a step to advance rulemaking that begins the process of enhancing railroad safety in Pennsylvania.
The Commission voted 5-0 to adopt a motion by Commissioner Kathryn L. Zerfuss that would enhance the Commission’s rail safety requirements – the first such update to these regulations since 2013. The motion acknowledges that, as the third anniversary of the East Palestine, Ohio, train derailment is marked, Pennsylvania communities continue to face risks associated with the transportation of hazardous materials through population centers, amid ongoing uncertainty surrounding federal rail safety reforms.
“The East Palestine tragedy and other rail-related incidents highlight the need for stronger, commonsense safety regulations in Pennsylvania,” said PUC Commissioner Kathryn Zerfuss. “These revisions to our railroad regulations will ensure that the Commission’s authority and responsibility are consistent with technological and operational changes that have reshaped the rail industry since 2013.”
In seeking to amend the state’s Railroad Transportation regulations at 52 Pa. Code Chapter 33, the Commission’s proposed rulemaking will consider the following five rail safety enhancements:
- Wayside Detector Systems – Ensure the proper installation, maintenance and operational use of Wayside Detector Systems, a network of electronic devices installed along railroad tracks to scan passing trains for safety and mechanical issues. These systems are not currently covered by federal regulations.
- Post-Inspection Compliance Reports – Railroad operators would be required to submit reports to the Commission demonstrating compliance with applicable federal laws following inspections that identify defects and/or potential violations.
- Train Speed Limits – An effort to preserve the PUC’s authority to regulate train speeds when necessary to address local safety hazards, particularly at rail-highway crossings. While federal law does have specific speed limits for trains based on the track classification and the train type, many states preserve their authority to regulate train speed to reduce local safety hazards and enhance public safety at rail-highway crossings.
- Analysis of Route and Emergency Response Procedures for Trains Carrying Hazardous Materials – Railroads would be required to conduct an analysis of routes for high-hazard flammable trains – taking into account the proximity to populated areas and safety considerations. Railroads would also be required to give the Commission access to their emergency procedures for trains carrying hazardous materials.
- Providing Information to the Commission on Which Entity is Responsible for Bridge Inspection, Maintenance and Repair – Railroads would be required to provide the Commission with information about which entities are responsible for bridge inspection, maintenance and repair on the rail-highway crossings under PUC jurisdiction.
The PUC’s legal and technical staff will prepare a proposed rulemaking order for the Commission’s consideration within six months.
