Regular Session 2023-2024 House Resolution 0105 P.N. 1208

PRINTER'S NO. 1208

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

105

Session of

2023

INTRODUCED BY STEELE, MATZIE, KHAN, FRIEL, HADDOCK, MUNROE,

PROBST, T. DAVIS, MADDEN, KENYATTA, HILL-EVANS, PIELLI,

SANCHEZ, D. WILLIAMS, BENHAM, MARKOSEK, RABB, DELLOSO,

PARKER, KINSEY, MARSHALL, OTTEN, CONKLIN, CIRESI, KINKEAD,

VENKAT, SAMUELSON, GUENST, WAXMAN, DONAHUE, MAYES, FRANKEL,

KRAJEWSKI AND GREEN, MAY 10, 2023

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

MAY 10, 2023

A RESOLUTION

Urging the United States Environmental Protection Agency to re-

examine the United States Pipeline and Hazardous Materials

Safety Administration's hazardous materials regulations and

make any necessary changes that would help to provide better

protection to the public and the environment and urging the

United States Congress to pass the Decreasing Emergency

Railroad Accident Instances Locally (DERAIL) Act to provide

for the tightening of regulations for trains carrying

hazardous materials.

WHEREAS, On February 3, 2023, a catastrophic train derailment

near East Palestine, Ohio, caused toxic chemicals to be released

into the air, as well as local streams and waterways; and

WHEREAS, To further complicate the situation, serious

concerns regarding the possible failure of one of the tanker

cars led to the controlled release and burning of the chemical

vinyl chloride in five of the derailed train cars, which were

carrying 115,580 gallons of the flammable gas; and

WHEREAS, Vinyl chloride is a highly volatile, colorless gas

produced for commercial uses; and

WHEREAS, Several cars were also carrying ethyl acrylate and

isobutylene, which are considered to be highly toxic and

possibly carcinogenic, according to the Centers for Disease

Control and Prevention and the National Institutes of Health;

and

WHEREAS, Many residents of eastern Ohio and western

Pennsylvania are concerned about the possibility of long-term

health effects caused from the exposure to harmful substances;

and

WHEREAS, Residents have reported headaches, an increase in

anxiety, coughing, fatigue, tiredness and skin irritation, pain

and burning; and

WHEREAS, According to the National Cancer Institute, high

levels of vinyl chloride are associated with an increased risk

of several cancers, including brain, liver and lung cancer,

lymphoma and leukemia; and

WHEREAS, It has been determined that additional toxic

chemicals were aboard the derailed train, which were also

released into the air and soil; and

WHEREAS, These other toxic chemicals consisted of ethyl

acrylate, a colorless liquid and probable carcinogen; and

WHEREAS, According to the United States Environmental

Protection Agency, exposure to ethyl acrylate may cause

drowsiness, lethargy, headaches and nausea; and

WHEREAS, Isobutylene, a highly flammable gas known as a

simple asphyxiant, or a gas which can become so concentrated

that it can displace oxygen and lead to rapid suffocation, was

also released at the derailment site; and

WHEREAS, Norfolk Southern has publicly stated that it has

removed more than 1.5 million gallons of contaminated water from

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the derailment site; and

WHEREAS, According to Governor Mike DeWine of Ohio,

approximately 2.7 million gallons of liquid waste and nearly

1,970 tons of solid waste has been removed from the derailment

site; and

WHEREAS, The wastewater and solid waste have been transported

to sites in Ohio, Michigan, Indiana and Texas for disposal; and

WHEREAS, Groundwater is very important as it is the most

abundant source of pristine freshwater available; and

WHEREAS, In some cases, groundwater cleanup is often lengthy,

in some cases lasting beyond 10 years, coming at a substantial

cost to taxpayers; and

WHEREAS, However, once contaminated, a groundwater source may

be damaged forever; and

WHEREAS, It has been estimated that more than 38,000 minnows

have died as a result of water contamination near the derailment

site; and

WHEREAS, It has been estimated that more than 5,500 other

aquatic organisms, including small fish, crayfish, amphibians,

and macroinvertebrates, have been killed as a result of water

contamination resulting from the derailment; and

WHEREAS, In 2015, the United States Pipeline and Hazardous

Materials Safety Administration issued a final rule to codify

hazardous materials regulations regarding high-hazard flammable

trains; and

WHEREAS, These regulations only pertained to trains carrying

crude oil and other liquid fuels; and

WHEREAS, Flammable gases such as vinyl chloride were excluded

from the regulations, in spite of the recommendation by the

National Transportation Safety Board (NTSB) that they be

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included; and

WHEREAS, The NTSB recommended that trains hauling flammable

gases utilize electronically controlled pneumatic braking

systems, which studies have concluded are more reliable than

traditional air brakes, such as those used on the Norfolk

Southern train that derailed in East Palestine, Ohio; and

WHEREAS, Under the Decreasing Emergency Railroad Accident

Instances Locally (DERAIL) Act, Title 49 of the Code of Federal

Regulations would be amended to modify the definition of "high-

hazard flammable train" to mean a single train transporting one

or more loaded tank cars of a Class 3 flammable liquid or a

Class 2 flammable gas and other materials as deemed necessary

for safety purposes by the United States Secretary of

Transportation; and

WHEREAS, The DERAIL Act would also require a railroad carrier

involved in a train derailment to report, no later than 24 hours

after any train derailment involving a train carrying material

that is toxic by inhalation, to the National Response Center,

state officials, local officials and tribal governments all

material toxic by inhalation on the train; therefore be it

RESOLVED, That the House of Representatives of the

Commonwealth of Pennsylvania urge the United States

Environmental Protection Agency to re-examine the United States

Pipeline and Hazardous Materials Safety Administration's

hazardous materials regulations and make any necessary changes

that would help to provide better protection to the public and

the environment and urge the United States Congress to pass the

Decreasing Emergency Railroad Accident Instances Locally

(DERAIL) Act to provide for the tightening of regulations for

trains carrying hazardous materials; and be it further

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RESOLVED, That copies of this resolution be transmitted to

all of the following:

(1) The President pro tempore of the United States

Senate.

(2) The Speaker of the United States House of

Representatives.

(3) Each member of the United States Congress from

Pennsylvania.

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