As of September 25, the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Railroad Administration (FRA) have revoked a safety requirement put in place in 2015 that mandated flammable unit trains carrying crude oil have an electronically controlled pneumatic (ECP) brake system. An ECP brake is a type of air brake that has been documented as more responsive to engineers’ commands, which substantially reduces the braking distance and likelihood of breakaways and derailments.
Critics of the repeal say that this decision disregards the safety of individuals who live or work along railroad tracks that transport hazardous materials. Others add that in addition to endangering human lives, removing the requirement may have devastating consequences on wildlife and the environment if a hazardous material spill occurs. A 2015 study done by the nonprofit Center for Biological Diversity revealed that “within just a quarter-mile of existing and planned oil-train routes, there are 3,600 stream miles and 73,468 square miles of lakes, reservoirs and wetlands.” An oil spill in these areas also has the potential to destroy ecological habitats that include species protected under the Endangered Species Act.
ECP brake system requirements were put in place through the Fixing America’s Surface Transportation (FAST) Act of 2015. In addition to requiring the installation of the ECP brakes, a Congressional requirement mandated that the Department of Transportation study and test the ECP brake system within two years and determine whether or not the requirement was justified. In October 2017, the Department made the determination that the financial cost of equipping ECP brake systems outweighed the potential public safety and environmental risks, thus making it not economically justified; this determination was the reasoning used to officially revoke the safety requirement last month.
Ultimately, public safety should always be a top priority for government officials.While it is very concerning that some would rather prioritize avoiding the financial cost of ECP than protect human lives and avoid negative environmental consequences, there is already talk in the U.S. Senate of reversing this repeal. For now, only time will tell if these preliminary discussions will lead to any substantial action.
