General Summary of the Bill

The bill titled the "Decreasing Emergency Railroad Accident Instances Locally Act," or the "DERAIL Act," seeks to enhance railway safety by directing the Secretary of Transportation to issue updated regulations within 90 days that redefine what constitutes a "high-hazard flammable train." This new definition will include any train with at least one loaded tank car of certain flammable liquids or gases, as well as other materials deemed necessary for safety. Additionally, the bill mandates that railroad carriers report any derailments involving toxic inhalation materials to various government entities within 24 hours.

Summary of Significant Issues

The bill presents several areas of concern that could affect its implementation and effectiveness. Section 2 lacks specific criteria for identifying additional materials considered necessary for safety, potentially leading to inconsistent regulatory standards and increased burdens on industries without clear justification. Sections 3 and 20904 introduce the term “material toxic by inhalation” without a clear definition, leading to possible ambiguities in reporting practices. Importantly, the bill does not specify penalties for non-compliance with these reporting requirements, which might undermine enforcement.

Impact on the Public

For the general public, the primary impact of this bill could be an increased sense of safety and accountability regarding rail transportation of hazardous materials. By ensuring that high-risk trains are clearly defined and that accidents are promptly reported, it aims to mitigate the potential damages from such accidents, ultimately protecting the environment and public health.

Impact on Specific Stakeholders

Railroad companies might face additional regulatory burdens due to the broader criteria for what constitutes a high-hazard flammable train and the requirement to report derailments to multiple entities. The lack of specific criteria and potential for redundant reporting could lead to operational challenges and increased compliance costs.

Local and state governments, as well as tribal authorities, may benefit from increased data sharing and awareness regarding hazardous materials transported through their jurisdictions. This could improve emergency response times and coordination among various response units. However, they might also face the challenge of receiving potentially redundant information, which could complicate effective communication and response efforts.

In conclusion, while the DERAIL Act has the potential to enhance safety and communication concerning hazardous material transportation, its current form presents several challenges in terms of clarity, consistency, and enforceability, which must be addressed to fully realize its intended benefits.