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Senator Aims To Fix The Holes With Oil Train Legislation

WAMC photo by Dave Lucas

Senator Charles Schumer is introducing legislation that would require crude oil to be transported in studier tanker rail cars within two years, instead of later deadlines included in federal regulations announced last week. The New York Democrat says upstate communities the oil trains pass through, including Albany — a major hub for shipments — remain at risk for explosions and contamination from derailments. 

Standing alongside railroad tracks bordering the Ganser-Smith Memorial Park in Menands on Monday, Schumer announced legislation to establish new federal oil volatility and train safety standards and lower speeds in less populated areas. It would expedite the elimination of crude oil hauling  DOT-111 and CPC 1232 tank cars...  "...which are dangerous, and carrying very volatile crude, going through some very popoulated areas. Here we are in the beautiful town of Menands, village of Menands, lovely houses, nice middle class houses, backbone of the Capital Region, backbone of America, and there's a train that goes through. And when the people bought their homes they knew there was a train that went through. What they didn't know is that dangerous oil cars would be hurtling through these neighborhoods, hundreds a day, because that didn't happen five years ago. And that happens not just here in the Capital Region, but in Buffalo, Rochester, Syracuse, Utica, here in the Capital Region, and then down the Hudson, all through heavily populated areas."

The Department of Transportation regulations released May 1st were long-anticipated by advocates for rail safety like Schumer and Albany County Executive Dan McCoy, who stressed the importance of municipalities knowing what cargo tankers are carrying. "If a train is comin' through our backyard, we have to call the rail and say 'What's goin through our yard? What type of fuel is going through there? Is it PG 1, 2 or 3? So in this case we're working with the Senator's office to change it where they have to notify us, what type of hazardous material is goin' through our backyard."

McCoy says the EPA already has a procedure for toxic chemicals that could be adapted to FRA standards.

Schumer's proposed legislation comes on the heels of the recently announced DOT rules regarding oil cars the Senator feels are riddled with "holes" and would allow oil train cars to remain in service through 2023. Schumer's bill would phase the DOT-11's out in two years; the CPC-1232's out by five years.

It also would apply a speed limit to all unjacketed CPC-1232s that travel in a county with a population density greater than 20 people per sq. mile. He says this will help to incentivize railroads to pressure the oil companies to phase out the older cars faster.

Albany Mayor Kathy Sheehan says Schumer's bill represents "common sense plugs" for the holes that continue to exist.   "A lot of the focus on the issue of rail safety has been in the city of Albany where the rail cars stop. But I hear from our friends and my fellow elected officials about the speed at which the trains are moving through their communities. And so just the common-sense approach of using the TSA definition of high-threat urban areas doesn't address the issue we have to look at population density and we need to slow down these trains."

Schumer's bill also would add additional scheduled track inspections and implement a new confidential close-call reporting system so that employees can anonymously report problems, in addition to requiring comprehensive oil spill response plans for trains carrying crude oil, petroleum and other hazardous products, as recommended by National Transportation Safety Board.

Dave Lucas is WAMC’s Capital Region Bureau Chief. Born and raised in Albany, he’s been involved in nearly every aspect of local radio since 1981. Before joining WAMC, Dave was a reporter and anchor at WGY in Schenectady. Prior to that he hosted talk shows on WYJB and WROW, including the 1999 series of overnight radio broadcasts tracking the JonBenet Ramsey murder case with a cast of callers and characters from all over the world via the internet. In 2012, Dave received a Communicator Award of Distinction for his WAMC news story "Fail: The NYS Flood Panel," which explores whether the damage from Hurricane Irene and Tropical Storm Lee could have been prevented or at least curbed. Dave began his radio career as a “morning personality” at WABY in Albany.
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